Armed Forces Tribunal
Ex NK Sukhi Ram (Army) vs UOI & Others on 2 July 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
6.
OA 223/2018 with MA 224/2018
No 1282802 Ex NK Sukhi Ram, S/o Shri Ram Pratap, Resident of Village Madansar, Post Badbar, Tehsil Buhana, District Jhunjhunu, Rajasthan
…. Applicant
Versus
1.
UOI, through the Secretary, Ministry of Defence, South Block, New Delhi – 110 011
2.
PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014
3.
The OIC Records, Artillery Records, Nasik Road Camp, Nasik, Maharashtra
…. Respondents
For Applicant
: Mr Sunil Kumar, 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)
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
02.07.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant rounding off benefits of his disability element of disability pension from 40% to 50% wef 01/1/1996 for life alongwith interest @18% per annum in favour of the applicant.
2. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army on 22/11/1965 and was transferred to pension establishment on 30/11/1985on fulfilling his terms of engagement under Army Rule 13 (3) Item III (iii). He had rendered twenty years and 09 days of service. Based on RMB and
2 subsequent RSMBs, the applicant was granted disability element of disability pension for his disability, “Giant Cell TumourHumerusRt (OPtd)”, @40% for life.
3. We have heard the counsels for the parties and perused the material on record.
4. The issue involved in this matter with regard to grant of benefit of rounding off disability element of disability pension to the applicant 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 ibid Judgment.
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/-