Ex NK Ram Jas (Army) vs UOI & Others on 14 May 2026

O R D E R

14.05.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant rounding off of disability element of disability pension from 20% to 50% wef 01/1/1996 to the applicant for life with interest 18% per annum. He has also prayed for award of cost of application in favour of the applicant.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 17/7/1962 and was discharged from service on 17/5/1981. He had rendered 18 years, 10 months and 16 days of service and was granted service pension for life. He was also granted disability element of pension @20% for life. However, the applicant was not granted the benefit of rounding Off of his disability element of disability pension despite making representations to the Respondents.

3. The Respondents vide their Reply Statement, while not disputing the basic facts, submitted that the applicant was discharged from service on 17/5/1981 at his own requeston compassionate grounds under Rule 13 (3) Item III (i) of Army Rules 1954 and was granted service pension for life. Since the applicant was in low medical category due the disability, “Osteo Arthritis Knee (Rt)”, the RMB assessed the said disability of the applicant @20% for two years and considered it as aggravated by military service. Based on the RMB and subsequent RSMBs, the applicant was granted disability element of disability pension @20% for life. Respondents have further submitted that in accordance with the latest policy on the subject, the applicant is eligible for rounding off benefits of his disability element of disability pension wef 01/1/2016 and the applicant needs to approach his PDA for getting the benefit of rounding off of disability element of disability pension.

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

5. It is apparent from the material on record that the applicant is in receipt of service pension for the qualifying service rendered as also disability element of disability pension @20% for life. As regards grant of benefit of rounding off of his disability element from the existing 20% to 50%, the issue is no longer res integra with the passing of Judgment dated 12/2/2026 by the Hon’ble Supreme Court in the case of Union of India through its Secretary & Ors Vs Sgt Girish Kumar & Ors etc, in Civil Appeal Nos 6820-6824 of 2018 alongwith other Civil Appeals.

6. Resultantly, 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.

7. It is made clear that even if the applicant has been granted the benefit of rounding off of his disability element of disability pension wef 01/1/2016 as has been stated by the Respondents, it shall be further revised in terms of judgment (supra) for the period prior to 01/1/2016.

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

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

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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