Armed Forces Tribunal

Ex NK Dharam Singh (Army) vs UOI & Others on 3 July 2026

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ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

3.

OA 526/2018 with MA 568/2018

No 14259919A Ex NK Dharam Singh, S/o ShriPrabhati Ram, Resident of Village Nasarpur, Post Hamidpur, TehsilBharor, District Alwar, Rajasthan

…. Applicant

Versus

1.

UOI, through the Secretary, Ministry of Defence, South Block, New Delhi – 110 011

2.

PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014

3.

OIC Records, Signals Records, PB NO 5, Jabalpur, MP – 482 001

…. Respondents

For Applicant

: Mr. Sunil Kumar, Proxy for

Mr. Yogendra Singh, Advocate

For Respondents

: Mr. Shree Narayan Swami, 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

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 30% to 50% wef 01/3/2005 for life alongwith interest @18% per annum in favour of the applicant.

2. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army (Corps of Signals) on01/10/1984 and was discharged from service on 28/2/2005 under Army Rule 13 (3) Item III (v) read in conjunction with Sub Rule 2A on medical grounds, in low medical category P2 Permanent for the disability, “Primary Hypertension”. He had rendered 20 years and 100 days of service and was granted service pension for the qualifying service. Based on the

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RMB which assessed the ibid disability of the applicant @30% for life and considered it as aggravated by military service and, therefore, the applicant was granted disability element of disability pension @30% for life wef 01/3/2005.

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)

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