Smt Rajesh Devi wo late Sep Dharamveer (Army) vs UOI & Others on 2 July 2026

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 therein to direct the Respondents to grant Life Time Arrears ofRounding Off Benefit of Disability Element of Disability Pensionfrom 75% to 100%from the date of his discharge from service till death on 10.10.2020 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 3years of service, her husband was invalided out from Service on 10.09.1997 on medical grounds.The duly constituted Invaliding Medical Board held at the time of his discharge from Service assessed his disability@ 75% and considered it as Aggravated by Military Service. In addition to Service Pension, the Applicant’s husband had continuously been granted Disability Element of Disability Pension @ 75% from11.09.1997 till his death on10.10.2010. TheApplicant 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’s husband was eligible for grant of Rounding Off Benefits from the date of his discharge from Service till his death. 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 from11.09.1997 to 10.10.2010. 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 her husband’s discharge from Service till his death on 10.10.2010, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed reply to the Application and have submitted that the duly constituted Invaliding Medical Board assessed the Disability of the Applicant’s husband @ 60% for five years and considered it as Aggravated by Military Service. However, the MA (P) at PCDA (P) considered the disability as Neither Attributable to Nor Aggravated by Military Service (NANA) and rejected the claim for grant of Disability Pension vide their letter dt 23.03.2000. The Applicant’s husband filed CWP No 4291/2002 before Hon’ble High Court for grant of Disability Pension which was allowed vide Order dt 27.11.2003 and, accordingly, he was granted Disability Element of Disability Pension @ 60% duly rounded off to 75% from 11.09.1997 till re-assessment of the disability. RSMB of the Applicant’s husband was held on 07.03.2005 which assessed his disability @ 70% for life wef 07.03.2005 and, accordingly, the Applicant’s husband was granted Disability Element of Disability Pension @ 70% duly rounded off to 75% for life wef 07.03.2005. The Respondents have submitted that the Applicant’s husband had already been granted rounded off benefit to 75% which cannot be further rounded off to 100%. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. We have heard Counsels for both the parties and perused the material placed on record.

5. From perusal of records, it is clear that the Applicant’s husband has already been granted rounding off benefits of disability element of disability pension from 60% to 75% for the period from 11.09.1997 to 06.03.2005 and further from 70% to 75% from 07.03.2005 till his death on 10.10.2010. The rounding off benefits sought for by the Applicant had already been extended to her husband during his lifetime and the same cannot be further extended to 100%.

6. In-fine, we find that the OA is devoid of merit and, hence, is dismissed. Pending Miscellaneous Application(s), if any, also stand disposed off.

7. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-