Ex Nk Om Prakash (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 discharged from service on 18/7/1990 after rendering more than 15 years of service in the rank of Naik under Rule 13 (3) Item III (i). The applicant was discharged from service with 20% disability for life which was never discontinued. However, despite repeated representations and policy on the subject the applicant was not granted the benefit of rounding off of his disability element from the existing 20% to 50%.

3. The Respondents vide their Reply Statement, while not disputing the basic facts, submitted that the applicant was discharged from service on 19/7/1990 under Rule 13 (3) Item III (v) of Army Rules 1954 before completion of his terms of engagement on medical grounds in low medical category due to the disability, “ Fracture Scaphoid (Rt)”. He was granted service pension for the qualifying service rendered. The RMB assessed the said disability of the applicant @20% for two years and considered it as attributable to 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 policy letter dated 15/9/2014 issued by the Ministry of Defence, the applicant is eligible for grant of rounding off benefits of disability element of disability pension from the existing 20% to 50% for which the Annexure to the ibid letter has been forwarded to the applicant vide Record Office letter dated 26/3/2018 for his signature duly endorsed by the PDA for onward submission to the PCDA (P).

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%, he is eligible for the same in terms of 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 & Ors etc, in Civil Appeal Nos 6820-6824 of 2018 alongwith other Civil Appeals.

6. In view of above, 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. The OA is disposed off accordingly. No order on costs.

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

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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