Ex Hav Hans Ram (Army) vs UOI & Others on 14 May 2026

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 grantRounding Off Benefit of Disability Element of Disability Pensionfrom 20% to 50%wef 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 that after rendering more than 17 years and one month of service, he was discharged from Service on medical grounds on 31.12.1988. At the time of his discharge from Service his disabilitywas assessed @ 20% initially for two years, which was reviewed from time to time and finally was assessed @ 20% for life. In addition to Service Pension, the Applicant has been granted Disability Element of Disability Pension @ 20% from the date of his discharge from Service, ie. 01.01.1989.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 is eligible for grant of Rounding Off Benefits from the date of his discharge from

Service. 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 the date of his discharge from Service. 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 while not disputing the basic facts presented by the Applicant, they have submitted that in terms of Govt of India, Ministry of Defence letter No 12(16)/2009/D (Pen/Policy) dt 15.09.2014, the armed forces personnel who were invalided out of service prior to 01.01.1996 and were in receipt of Disability Element/War Injury Element as on 01.01.1996 are eligible for grant of Rounding Off benefit wef 01.01.1996. Therefore, the Applicant is eligible for grant of Rounding Off benefit of Disability Element of Disability Pension wef 01.01.1996. To process the claim of the Applicant to PCDA (P) for grant of Rounding Off benefit, the Applicant is required to forward an Annexure in quadruplicate duly completed in all respects and signed by his PDA to Record Office as per PCDA (P) Circular No 529 dt 13.10.2014, which is still awaited from the Applicant. In case the Applicant submits the duly completed Annexure, the same shall be processed for grant of Rounding Off benefit wef 01.01.1996.

4. During the course of arguments, Learned Counsel for the Applicant submitted that Respondents 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, 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 apparent from the perusal of material placed on record that the Applicantwas discharged from service on medical grounds on 31.12.1989 and has continuously been granted Disability Element of Disability Pension @ 20%from the date of his discharge from Service on 31.12.1988. Further, the Respondents have also conceded that the Applicant is eligible for grant of Rounding Off benefit of Disability Element of Disability Pension wef 01.01.1996. Further, the Applicant is also eligible to the benefit of rounding off of disability element of disability pension in terms of the judgment dated 12.02.2026 passed by Hon’ble Supreme Court in the case of Ex Sgt Girish Kumar (Supra).

7. Taking into consideration the fact that the Applicant has been granted Disability Element of Disability Pension @ 20% from the date of his discharge from service, the Respondents have conceded that Applicant is eligible for grant of Rounding Off benefits and the Counsel for the Applicant hasprayed 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), we direct the Respondents to extend Rounding Off benefits to the Applicant as per 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. Amount already paid on account of rounding off benefit 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/-