Ex Hav Sher Singh Yadav (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 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. 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)

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