Armed Forces Tribunal
Ex NKTS Ishwar Singh Punia (Army) vs UOI & Others on 3 July 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
2.
OA 525/2018 with MA 567/2018
No 14299772X Ex NK (TS) Ishwar Singh Punia, s/o Shri Harchand Punia, Resident of Kazi, Post Bangothari, Tehsil Chirawa, Thana Pilani, District Jhunjhunu, Rajasthan
…. Applicant
Versus
1.
UOI, through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 011
2.
The PCDA (P), Prayagraj, UP – 211 014
3.
The OIC Records, The Signals Records, PIN 908 770, c/o 56 APO
…. Respondents
For Applicant
: Mr. Tansukh Rai, Ganesh Kumar Sharma, Advocate For Respondents : Mr. Pyare Lal, Senior Panel Counsel
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
03.07.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant rounding off benefits of his disability element of disability pension from 20% to 50% wef 01/3/1996 for the purpose of computing disability element as per Para 7.2 read with Para 10.2 of the Govt of India, Ministry of Defence letter dated 31/1/2001 with 12% interest.
2. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army (Corps of Signals) on 23/2/1979 and was discharged from service on 29/2/1996 under Army Rule 13 (3) Item III (i) in conjunction with Sub Rule 13 (2A) on completion of tenure of service in low medical category BEE (Permanent). He had rendered 17 years and seven days of service and was granted service pension for the qualifying service. Based on the RMB and Subsequent RSMB, the applicant was granted disability element of disability pension for his disability, “Chronic Duodenal Ulcer (Optd)”, which was considered as aggravated by military service @20% wef 24/8/2003 for life.
3. We have heard the counsels for the parties and perused the material on record.
4. The issue involved in this matter with regard to grant of benefit of rounding off of disability element of disability pension to the applicant is no longer res integra with the Judgment dated 12/2/2026 passed by the Hon’ble Supreme Court in the case of Union of India through its Secretary &Ors Vs Sgt Girish Kumar &Orsetc, in Civil Appeal Nos 6820-6824 of 2018 alongwith other Civil Appeals. Counsel for the Respondents has not raised any objection in disposing off the OA in terms of the judgment passed by the Hon’ble Apex Court.
5. In view of the foregoing, we deem it appropriate to remit the case back to the Respondents to consider the prayer of the applicant herein in terms of ibid judgment within a period of six months from the date of receipt of a 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. The payment already released to the Applicant will be suitably adjusted in the arrears.
6. The OA is disposed off accordingly. No order on costs.
7. Pending application, if any, also stands disposed off.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J) cda/-