Armed Forces Tribunal
Ex Hav Jagdish Prasad (Army) vs UOI & Others on 14 May 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
25.
OA No 179/2018 with MA No 180/2018
No-14472873L Ex Hav Jagdish Prasad, S/o Late Shri Gajjan Ram, R/o Village-Purani Mandi, PO & Teh-Narnaul, Distt-Mahindergarh (Haryana)-123001, at present R/o D-161, Prem Nagar, Jhotwara, Jaipur (Raj)
….Applicant
Versus
1.
Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi-110011
2.
PCDA (P), Draupadi Ghat, Allahabad (UP)-211014
3.
The OIC Records, Artillery Records
Nasik Road Camp, Nasik (MH)
…. Respondents
For Applicant
: Mr.Sunil Kumar, Advocate, Proxy for
Mr.Yogendra Singh, Advocate
For Respondents
: Mr.Shree Narayan Swami, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
14.05.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein to direct the Respondents to grantRounding Off Benefit of Disability Element of Disability Pensionfrom 20% to 50%wef 01.03.2005 and that the arrears be paid along with interest @ 18% per annum.
2. Brief facts of the case as enunciated by the Applicant are that after rendering more than 24 years of service, he was discharged from Service on 28.02.2005 on completion of his terms of engagementin low medical category. The duly constituted Release Medical Board held at the time of his discharge from Service assessed his disability@ 20% forlife andconsidered it as Aggravated by Military Service. In addition to Service Pension, the Applicant has been granted Disability Element of Disability Pension @ 20% for life wef 01.03.2005. The Applicant submits that in terms of Para 7.2 of Govt of India, Ministry of
Defence letter No 1(2)/97/D(Pen-C) dt 31.01.2001, the Applicant is eligible for grant of Rounding Off Benefits from the date of his discharge from Service. The Applicant has also placed reliance on Hon’ble Supreme Court judgment in the case of Capt KJS Buttar Vs UOI & Ors SCC 2011 XI 429 and Hon’ble Supreme Court judgment in the case of UOI & Ors Vs Ram Avtar (2014) SCC Online 1761 and submitted that he is eligible for grant of Rounding Off Benefits of Disability Element of Disability Pension wef 01.03.2005, ie., his date of discharge. The Applicant made representation and also issued Legal Notice for grant of Rounding Off Benefits of Disability Element of Disability Pension from the date of his discharge from Service, but to no avail. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents have filed a detailed reply to the Application. While not contesting the basic facts presented by the Applicant, the Respondents have submitted that the Applicant was discharged from Service on completion of terms of engagement and not invalided out of service on medical grounds. The duly constituted Release Medical Board assessed his Disability @ 30% for life, however, MA (P) at PCDA (P) re-assessed @ 20% for life. Since the Applicant was discharged from Service on completion of terms of engagement, he is not entitled for Rounding Off benefits of Disability Element of Disability Pension wef 01.03.2005.However, in terms of Govt of India, Ministry of Defence letter No 17(01)/2017/D(Pen/Policy) dt 23.01.2018, the Applicant is entitled for grant of Rounding Off benefit wef 01.01.2016. Further, as per PCDA (P) Circular No 596 dt 09.02.2018, the Pension Disbursing Authorities (PDAs) handling disbursement of pension to the Defence Pensioners have been authorized to pay benefit of Rounding Off of Disability/ War Injury Element wef 01.01.2016 and he is entitled for grant of rounding off benefit of Disability Element of Disability Pension wef 01.01.2016 only. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.
4. During the course of arguments, Learned Counsel for the Applicant submitted that Respondents may be directed to decide his case 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. From the perusal of material placed on record, it is apparent that the Applicant has been granted Disability Element of Disability Pension @ 20% for life wef 01.03.2005.As regards grant of benefit of rounding off of disability element of disability pension, the Applicant is entitled to the same in terms of the judgment dated 12.02.2026 passed by Hon’ble Supreme Court in the case of Ex Sgt Girish Kumar (Supra).
7. Taking into consideration the fact that the Applicant has been granted disability element of disability pension @ 20% for life from the date of his discharge from service and the Counsel for the Applicant has prayed for grant of Rounding Off benefits in the light of principles laid down by Hon’ble Supreme Court in the case of Sgt Girish Kumar (Supra), we direct the Respondents to extend Rounding Off benefits to the Applicant as per thisjudgment 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 interest @6% per annum on the amount of arrears, if any. Amount already paid on account of rounding off benefit of disability element of disability pension, if any, shall be 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/-