Armed Forces Tribunal
Ex Naik Kailash Singh (Army) vs UOI & Others on 2 July 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
14.
OA No 485/2018 with MA No 522/2018
No-15107337M Ex Nk Kailash Singh, S/o Sh. Nangu Ram, R/o Village-Hodaheli, Post-Kaima, Tehsil-Nandoti, District-Karauli (Raj) – 322215
….Applicant
Versus
1.
Union of India, through theSecretary, Ministry of Defence, Govt of India, New Delhi-110011
2.
The PCDA (P), Draupadi Ghat, Allahabad (UP)-211014
3.
The OIC Records, Artillery Records,
PIN-908802, C/o 56 APO
…. Respondents
For Applicant
: Mr. Sunil Kumar, Advocate, Proxy for
Mr. Tansukh, Advocate
For Respondents
: Mr.Sandeep Garssa, 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
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 grantRounding Off Benefit of Disability Element of Disability Pensionfrom 20% to 50%wef 01.02.2003 and that the arrears be paid along with interest @ 12% per annum.
2. Brief facts of the case as enunciated by the Applicant are that after rendering more than 17years of service, he was discharged from Service in low medical category on 31.01.2003 on completion of terms of engagement. The duly constituted Release Medical Board held at the time of his discharge from Service assessed his disability@ 20% for life and, accordingly, the Applicant has been granted Disability Element of Disability Pension for life wef 01.02.2003. 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 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 wef 01.02.2003. 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 Applicant was discharged from Service on 31.01.2003 on fulfilling conditions of enrolment. At the time of his discharge from service, the duly constituted Release Medical Board assessed his disability @ 11-14% for life and considered it as Attributable Military Service. The claim for grant of Disability Pension was processed with PCDA (P) who rejected the same vide letter dt 01.09.2003 on the grounds of disability having been assessed below 20%. Aggrieved by rejection of Disability Pension claim, the Applicant preferred Appeal dt 13.01.2004 before the Appellate Committee on First Appeals (ACFA) who directed to hold Appeal Medical Board (AMB) of the Applicant. The AMB held on 20.03.2006 assessed his disability @ 20% for life and, accordingly, the Applicant has been granted Disability Element of Disability Pension @ 20% for life wef 20.03.2006, ie., the date of holding of AMB. The Respondents have further submitted that since the Applicant was discharged from Service on completion of terms of engagement and was not invalided out on medical grounds,he is not entitled for grant of Rounding Off benefits from the date of his discharge from Service. However, he is entitled for Rounding off benefit wef 01.01.2016 in light of Govt of India, Ministry of Defence letter No 17(01)/2017/D(Pen/Policy) dt 23.01.2018 and PCDA (P) Circular No 596 dt 09.02.2018.
4. During the course of arguments, Learned Counsel for the Applicant submitted that as regards grant of Rounding Off benefits, the 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. The issue involved in this matter with regard to grant of benefit of rounding off of disability element of disability pension to the Applicant as prayed for by him is no longer res integra with the Judgment dated 12.02.2026 passed by the Hon’ble Supreme Court in the case of Union of India through its Secretary and Ors Vs Sgt Girish Kumar & Ors etc, in Civil Appeal Nos 6820-6824 of 2018 along with other Civil Appeals.
7. In view of the foregoing, we direct the Respondents to grant Disability Element of Disability Pension @ 20% for life duly rounded off to 50% wef the date of grant of Disability Element of Disability Pension to him @ 20% 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 receive interest @6% per annum on the amount of arrears till the date of its actual payment.
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/-