Smt Krishna Devi wo Late Sub Bharat Singh (Army) vs UOI & Others on 18 August 2026

O R D E R

18.08.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant LTA of rounding off benefits of Disability Element of her late husband from the existing @20% to 50% for the period 01/4/2008 to 16/10/2012 with 18% interest.

2. Vide Reply Statement, the Respondents have stated that the husband of the applicant was enrolled in the Army on 11/3/1980 and was discharged from service on 31/3/2008 on fulfilling the terms and conditions of his enrolment under Rule 13 (3) item I (i) of Army Rules 1954 and was granted service pension for the qualifying service.

Since the applicant was in low medical category due to the disability, “Primary Hypertension”, the duly constituted RMB assessed the disability of the husband of the applicant @30% for life and considered it as aggravated by military service. Based on the RMB husband of the applicant was granted disability element @ 30% for life. With regard to prayer of the applicant, the Respondents have stated that since husband of the applicant was discharged from service on completion of his terms of engagement and not invalided out, he was not eligible for grant of rounding off benefits of his disability element. Moreover, he died on 16/10/2012, as the policy for grant of rounding off benefits have come into force wef 01/1/2016 in terms of Govt of India, Ministry of Defence letter dated 23/1/2018.

3. record.

4. &Ors Vs Sgt Girish Kumar & Orsetc, in Civil Appeal Nos 6820-6824 of 2018

Apex Court.

5.

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

7. MEMBER (A)

MEMBER (J)

cda/-

ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

14. OA 156/2018 with MA 159/2018 & MA 160/2018

JC-183617F Ex Nb Ris Asgar Khan, S/o Shri Muga Rak Khan, Resident of Village Jatanpura, Post Beri Chhoti, Tehsil Didwana, District Nagaur, Rajasthan …. Applicant

Versus

1.

2. PCDA (P), Draupadi Ghat, Praygraj, UP – 211 014

3. The OIC Records, Armoured Corps Records, Post Bag No 55, Ahmednagar – 414 002

: Mr. Gajendra Sharma, Advocate

CORAM:

O R D E R

18.08.2026 MA No 160/2018

1. The applicant has filed this MA praying for hearing the matter at Regional Bench, which is allowed taking into consideration the reasons advanced therein.

OA 156/2018 with MA 159/2018

2. 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 40% to 50% wef 01/1/1996 for life with 18% interest.

3. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army on 16/5/1968 and was discharged from service on 31/5/1994 on completion of his service limit under Rule 13 (3) item I (i) (a) of Army Rules 1954. He had rendered 26 years and 16 days of service and was granted service pension for the qualifying service. Since the applicant was in low medical category due to the disabilities, “Ishemic Heart Disease” the duly constituted RMB assessed the said disability of the applicant @30% for two years and considered it as neither attributable to nor aggravated by military service and the second disability, “Fracture V Metacarpal (Rt)” @11-14% for two years and considered it as attributable to military service. He was not granted disability element initially. Based on the RSMB held on 10/1/2003, wherein the disability of the applicant was assessed @40% wef 10/1/2003, which was accepted by the competent medical authority and the applicant was granted disability element @40% wef 10/1/2003 for life to the applicant. Since the applicant was not in receipt of disability element wef 01/1/1996, he is not eligible for grant of rounding off benefits wef 01/1/1996, however, based on the Circular No 585 of PCDA (P), the applicant is eligible for grant of rounding off benefits wef 01/1/2016.

4. record.

5. & Ors Vs Sgt Girish Kumar & Orsetc, in Civil Appeal Nos 6820-6824 of 2018

Apex Court.

6.

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

8. MEMBER (A)

MEMBER (J)

cda/-

ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

15. OA 176/2018 with MA 176/2018

No 14324576L Ex Hav/Hony Nb Sub Sher Singh Yadav, S/o Shri Umarao Singh Yadav, Resident of Village and Post Khanpur Ahir, Tehsil Mundawar, District Alwar, Rajasthan …. Applicant

Versus

1.

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

3. OIC Records, Records The AAD, PIN 900 482, c/o 56 APO

: Mr. Brij Bihari Sharma, Advocate

CORAM:

O R D E R

18.08.2026

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 01/12/1999 for life with 18% interest.

2. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army on 20/11/1975 and was discharged from service on 30/11/1999 on fulfilling the terms and conditions of his service and was granted service pension for the qualifying service. The duly constituted RMB assessed the disability of the applicant, “CSOM (Lt) with Adhesive Media (Rt)” 20% for two

years and considered it as attributable to military service, however, the PCDA (P) granted disability element for five years from the date of his discharge till 18/6/2004. Since the applicant reported to Base Hospital, Delhi Cantt for the RSMB held on 27/7/2006 without requisite documents, ie, delay explanation certificate, non conviction certificate and non employment etc, for notification of award of disability element for the intervening period, ie, wef 19/6/2004 to 26/7/2006, hence, the PCDA (P) sanctioned the disability element wef 27/7/2006 for life to the applicant on the recommendation of RSMB.

3. record.

4. &Ors Vs Sgt Girish Kumar & Orsetc, in Civil Appeal Nos 6820-6824 of 2018

Apex Court.

5.

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

7.

MEMBER (A)

MEMBER (J)

cda/-

ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

27. OA 493/2023 with MA 911/2023

Smt Madan Kanwar, wd/o No 13926272N Late Hav Sujan Singh Rathor, Resident of Village and Post Peelwa, Tehsil Parbatsar, District Nagaur, Rajasthan

…. Applicant

Versus

1. UOI, through the Secretary to the Govt of India, Ministry of Defence, South Block, New Delhi

2. PCDA (P), Prayagraj, UP

3. The OIC Records, Army Medical Corps Records, PIN 900 450, c/o 56 APO

: Mr. Sunil Kumar, Advocate For Respondents : Mr. Brij Bihari Sharma, Advocate

CORAM:

O R D E R

18.08.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, No 13926272N Late Hav Sujan Singh Rathor ,ie, the original the applicant in the OA had filed this OA praying for directing the Respondents to grant rounding off benefits of his disability element wef 01/1/1996 to 31/12/2015 with interest @18% in his favour.

2. During the pendency of the OA, the original applicant expired on 25/11/2025 and based on the LR application filed by the counsel for the applicant vide MA No97/2026, this Tribunal, vide its Order dated 14/5/2026, has substituted the present applicant - Smt Madan Kanwar – widow of the deceased original applicant in this matter.

3. Vide Reply Statement, the Respondents have stated that the original applicant in this matter was enrolled in the Army on 20/7/1964 and was discharged from service on 29/1/1983 being placed in low medical category lower than AYE and not upto the prescribed military standard under Rule 13 (3) item III (v) of Army Rules 1954. He had rendered 18 years and 193 days of service and was granted service pension for life. The duly constituted RMB assessed the disability of the original Applicant, “Thyrotoxicosis” @60% for one year and considered it as aggravated by military service due to stress and strain of military service. Based on the RMB and subsequent RSMBs, disability element of the applicant continued uninterruptedly and eventually it was granted for life wef09/6/2001.

4.

record.

5. As regards grant of benefit of rounding off of disability element, 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.

6.

to the Respondents to consider the prayer of the original applicant 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.

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

8. MEMBER (A)

MEMBER (J)

cda/-