Ex Gdsm Sardar Singh (Army) vs UOI & Others on 17 August 2026

O R D E R

17.08.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein to direct the Respondents to grant Rounding Off Benefit of War Injury Element of Pension from 20% to 50%wef 01.01.1996 for life and that the arrears be paid along with interest @ 18% per annum.

2. The brief facts of the case as enunciated by the Applicant that the Applicant after rendering more than 15 years of service, the Applicant was discharged from Service in the rank of Gdsm. At the time of his discharge from Service, his disability was assessed @ 20% for life. The Applicant has been granted War Injury Pension @ 20% for life wef 01.01.1976, however, Rounding Off benefit of the same have not been granted. The Applicant made representations and also issued Legal Notice for grant of War Injury Pension along with Rounding Off benefit to 50%, but to no avail. Therefore the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement and have submitted that the Applicant was discharged from Service on fulfilling the terms of engagement and was not invalided out of Service. Further, the Applicant has been granted Disability Element of Disability Pension @ 20% for life and not War Injury Element, as has been contested in the OA. In view of the aforesaid, facts, the Respondents have submitted that he is not eligible for grant of Rounding Off benefit of War Injury Element. However, he is entitled for Rounding off benefit wef 01.01.2016 in light of Govt of India, Ministry of Defence letter No 17(01)/2017/D(Pen/Policy) dt 23.01.2018 and PCDA (P) Circular No 596 dt 09.02.2018.

4. During the course of arguments, Learned Counsel for the Applicant submitted that as regards grant of Rounding Off benefits, the Respondents may be directed to grant Rounding Off benefit of Disability Element of Disability Pension to 50%to the Applicant in the light of the principles settled by Hon’ble Supreme Court judgment dt 12.02.2026 in Civil Appeal No 6820-6824/2018 in the case of UOI & Ors Vs Sgt Girish Kumar & Ors, to which Learned Counsel for the Respondents raised no objection.

5. We have heard Counsels for both the parties and perused the material placed on record.

6. The issue involved in this matter with regard to grant of benefit of rounding off of Disability Element of Disability Pension to the Applicant is no longer res integra with the Judgment dated 12.02.2026 passed by the Hon’ble Supreme Court in the case of Union of India through its Secretary and Ors Vs Sgt Girish Kumar & Ors etc, in Civil Appeal Nos 6820-6824 of 2018 along with other Civil Appeals.

7. In view of the foregoing, we deem it appropriate to remit the case back to the Respondents to consider the prayer of the Applicant for grant of Rounding Off benefit of Disability Element of Disability Pension in terms of ibid judgment within a period of six months from the date of receipt of a certified 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 amount already paid on account of disability element to the Applicant shall be suitably adjusted.

8. The OA is disposed off, accordingly.

Pending Miscellaneous Application(s), if any, also stand disposed off.

9. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-