Armed Forces Tribunal

Ex NK Amilal Tundak (Army) vs UOI & Others on 13 August 2026

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ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

20.

OA 63/2018 with MA 55/2018

No 14305282H Ex NK Amilal Tundak, S/o Shri Shiv Nath Yadav, Resident of Village and Post Saga, Tehsil Buhana, District Jhunjhunu, Rajasthan

…. Applicant

Versus

1.

UOI, through the Secretary, Ministry of Defence, South Block, New Delhi – 110 011

2.

PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014

3.

The OIC Records, Artillery Records, Nasik Road Camp, Nasik, Maharashtra

…. Respondents

For Applicant

: Mr Sunil Kumar, Proxy for

Mr. Yogendra Singh, Advocate

For Respondents

: Mr. Sandeep Garssa, Advocate

: Capt Divya Singh Bhati, OIC Legal Cell, HQ 61 Sub Area

CORAM:

HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

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O R D E R

13.08.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant benefit of rounding off of Disability Element from the existing @20% to 50%wef 01/1/1996 for life with 18% interest.

2. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army on 24/12/1970 and was discharged from service on 30/6/1992 on fulfilling the terms and conditions of his enrolment under Rule 13

(3) item III (i) of Army Rules 1954 and was granted service pension for the qualifying service.

Since the applicant was in low medical categorydue to the disability, “ PyoPneumo Thorax Right (Optd)”, the duly constituted RMB assessed the disability of the applicant @30% for two years and considered it as attributable to military service. Based on the RMB and subsequent RSMBs, the applicant was granted disability element @ 30% for life.

3. We have heard the counsels for the parties and perused the material on record.

4. As regards grant of benefit of rounding off of disability element to the applicant, it is no longer res integra with the Judgment dated 12/2/2026 passed by the Hon’ble Supreme Court in the case of Union of India through its Secretary &Ors Vs Sgt Girish Kumar &Orsetc, in Civil Appeal Nos 6820-6824 of 2018 alongwith other Civil Appeals. Counsel for the Respondents has not raised any objection in disposing off the OA in terms of the judgment passed by the Hon’ble Apex Court.

5. In view of the foregoing, we deem it appropriate to remit the case back to the Respondents to consider the prayer of the applicant herein in terms of ibid judgment within a period of six months from the date of receipt of a copy of this Order, failing which, the applicant shall be entitled to receive interest @6% per annum on the amount of arrears till the date of its actual payment. The payment already released to the Applicant will be suitably adjusted in the arrears.

6. The OA is disposed off accordingly. No order on costs.

7. Pending application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

cda/-

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