Ex Sub Maru Ram (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 Rounding Off Benefit of Disability Element of Disability Pension from 30% to 50% for lifewef 01.01.1996 and that the arrears be paid along with interest @ 18% per annum.

2. Brief facts of the case as enunciated by the Applicant are thatafter rendering more than 28years of service, he was discharged from service on 30.09.1995on completion of terms of engagement. At the time of his discharge, his disability “Essential Primary Hypertension” was assessed @ 30% and he has continuously been granted Disability Element of Disability Pension from the date of his discharge from Service. However, he has not been granted Rounding Off benefit of Disability Element of Disability Pension.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 01.01.1996, ie., from the date of applicability of the scheme. 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 benefit of Disability Element of Disability Pension from 30% to 50% for life wef 01.01.1996, ie., the date of its applicability. The Applicant made representation and also issued Legal Notice for grant of Rounding Off Benefits of Disability Element of Disability Pension from 01.01.1996, 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 Applicant was discharged from Service on 30.09.1995 on completion of terms of engagement. The duly constituted Release Medical Board initially assessed his Disability @ 20% for two years and considered it as Aggravated by Military Service but the MA (P) at PCDA (P) considered the same as Neither Attributable to Nor Aggravated by Military Service and rejected the claim for grant of Disability Element of Disability Pension. Based on the Appeal preferred by the Applicant, the Applicant was granted Disability Element of Disability Pension @ 30% for two years from 01.10.1995 to 15.01.1997. Thereafter, RSMB of the Applicant held on 23.01.1998 assessed his disability @ 30% for five years, however, the MA (P) at PCDA (P) re-assessed the same @ 11-14% for five years till 22.01.2003, including the intervening period. Thereafter, the Applicant was brought before RSMB on 03.04.2003 which assessed his disability @ 20%, however, the MA (P) at PCDA (P) again re- assessed his disability @ 6-10% for life wef 23.01.2003. Based on the Appeal filed by the Applicant, the Applicant was brought before Review Medical Board at Army Hospital (R&R) on 08.04.2005 which assessed his disability @ 20% for life. The same was processed to PCDA (P) which re-assessed his disability @ 30% for life and granted him Disability Element of Disability Pension for life wef 08.04.2005, ie., the date of holding of Review Medical Board. As regards grant of Rounding Off benefit of Disability Element of Disability Pension, the Respondents have submitted that since the Applicant was discharged from Service on completion of terms of engagement, he is not eligible for grant of

Rounding Off benefits wef 01.01.1996. 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 theRespondents 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 for rounding off his disability element of disability pension from 30% to 50%, 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. As regards grant of benefit of rounding off of disability element of disability pension, the Applicant is eligible for the same in terms of judgment dated 12.02.2026 passed by Hon’ble Supreme Court in the case of Ex Sgt Girish Kumar (Supra).

7. In-fine, the Respondents are directed to consider and grant Rounding Off Benefit to the Applicant in the light of principles laid down by Hon’ble Supreme Court in the case of Sgt Girish Kumar (Supra) 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 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/-