Armed Forces Tribunal
Smt Rama Devi wo late Hav Mohinder Singh (Army) vs UOI & Others on 14 May 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
29.
OA No 336/2018 with MA No 347/2018
Smt Rama Devi, Wd/o No-13678812X Late Hav Mohinder Singh, R/o Village-Alalpur, Post-Ghothra, Tehsil-Tijara, District-Alwar (Rajasthan)
….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.
OIC Records, Brigade of the Guards, Kamptee-441001
…. Respondents
For Applicant
: Mr. Sunil Kumar, Advocate, Proxy for
Mr. Yogendra Singh, Advocate
For Respondents
:Mr.Gajendra Sharma, 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 grant Life Time Arrears ofRounding Off Benefit of Disability Element of Disability Pensionfrom 20% to 50%wef 01.04.2003 to 07.10.2013 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 24years of service, her husband was discharged from Service on 31.03.2003 in low medical category. The duly constituted Release Medical Board held at the time of his discharge from Service assessed his disability@ 20% 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 @ 20% from01.04.2003 to 07.10.2013, ie., till his death on 07.10.2013. 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 from 01.04.2003 to 07.10.2013. 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 and have submitted that the duly constituted Release Medical Board assessed the Disability of the Applicant’s husband @ 20% for life and considered it as Aggravated by Military Service. Accordingly, he was granted Disability Element of Disability Pension @ 20% during his lifetime from 01.04.2003 to 17.10.2013.In the present case, the Applicant’s husband was discharged from Service on completion of tenure of service and was not invalided out on medical grounds, therefore, he was not eligible for grant of Rounding Off benefit of Disability Element of Disability Pensionduring his lifetime.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 the 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. It is clear from the perusal of material placed on record that the Applicant’s husband was granted Disability Element of Disability Pension @ 20% during his lifetimefrom 01.04.2003 to 07.20.2013.As regards grant of benefit of rounding off of disability element of disability pension, with the passing of judgment dated 12.02.2026 by Hon’ble Supreme Court in the case of Ex Sgt Girish Kumar (Supra), the Applicant’s husband was also eligible for rounding off benefits of the disability element of disability pension.
7. Taking into consideration the fact that the Applicant’s husband had been granted Disability Element of disability pension @ 20% during his lifetime from 01.04.2003 to 07.10.2013 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), the Respondents are directed to extend the same to the Applicant for the lifetime of her husbandin terms of the said judgment 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.
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/-