Armed Forces Tribunal
Ex Hav Nitya Nand Yadav (Army) vs UOI & Others on 18 August 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
12.
OA 108/2018 with MA 113/2018
No 4172451K Ex Hav Nitya Nand Yadav, S/o late shri Daya Ram Yadav, Resident of Village and Post Majrasheoraj, Tehsil Rewari, Tehsil and District Rewari, Haryana, at present residing at Village and Post Mundawar, Near Post Office, Tehsil Mundawar, District Alwar, Rajasthan
…. Applicant
Versus
1.
UOI, through the Secretary, Ministry of Defence, South Block, New Delhi
2.
The PCDA (P), Prayagraj, UP
3.
The
OIC
Records,
Kumaon
Regiment
Records,
Ranikhet,
Uttarakhand
…. Respondents
For Applicant
: Mr. Sunil Kumar, Proxy for
Mr. Yogendra Singh, Advocate
For Respondents
: Mr. Gajendra Sharma, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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 War Injury Pension wef 01/3/2003 for life with 18% interest.
2. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army on 28/2/1979 and was discharged from service on 28/2/2003 on fulfilling the terms and conditions of service of his rank under Rule 13 (3) item III (i) of Army Rules 1954. He had rendered 24 years of service and was
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granted service pension for the qualifying service. While in service, the applicant sustained multiple mine blast injuries on 08/9/1988 while participating in Operation ‘Pawan’. The duly constituted RMB assessed the said disability of the applicant @70% Permanent and considered it as aggravated by military service and accordingly, the applicant was granted War Injury Element @ 70% for life to the applicant. Since the applicant was discharged from service on completion of his terms of engagement and was not invalided out from service rounding off benefits were not extended to the applicant.
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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