Ex Nb Ris Asgar Khan (Army) vs UOI & Others on 18 August 2026

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

5. 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.

6. 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.

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)

cda/-