Armed Forces Tribunal
Ex Rfn Mange Ram (Army) vs UOI & Others on 2 July 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
8.
OA 244/2018 with MA 249/2018 & MA 250/2018
No 28688514 Ex Rfn Mange Ram, S/o Shri Sheonarain, Resident of Village and Post Chubkital, Tehsil Rajgarh, District Churu, Rajasthan
…. Applicant
Versus
1.
UOI, through the Secretary to the Govt of India, Ministry of Defence, South Block, New Delhi
2.
The PCDA (P), Prayagraj, UP
3.
The OIC Records, The Rajputana Rifles, PIN 900 106, c/o 56 APO
…. Respondents
For Applicant
: Mr. Rajesh Gadwal, Advocate
For Respondents
: Mr. Brij Bihari Sharma, 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
MA No 250/2018
1. The Applicant has filed this MA praying for hearing of the matter at Regional Bench, Jaipur, which is allowed taking into a consideration the reasons advanced therein.
OA No 244/2018 with MA No 249/2018
2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant rounding off benefits of his disability element of disability pension from 20% to 50% wefthe date of his invalidment from service alongwith interest @18% per annum in favour of the applicant. He had also prayed for grant of disability element for the discontinued period wef14/11/1994 to 15/11/2004 and again from 2004 to 2012.
3. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army on09/10/1974 and was invalided out from service on medical grounds wef 11/8/1985 under Army Rule 13 (3) Item III (iii). He had rendered 10 years and 307 days of service. Based on the IMB and subsequent RSMBs, the applicant was granted disability element of disability pension for the disability, “Pulmonary Tuberculosis”, which was considered as attributable to military service, @ 20%wef 23/5/2012 for life. The Respondents have further submitted that the disability of the applicant was re-assessed by the duly constituted RSMB @less than 20% for the period 14/11/1994 to 15/11/2004 and from 2004 to 2012 and, hence, the question of grant of relief for the ibid period does not arise.
4. We have heard the counsels for the parties and perused the material on record.
5. 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 of 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/-