Armed Forces Tribunal

Ex POME Jai Singh (Navy) vs UOI & Others on 7 March 2026

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ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

8.

OA 579/2018

Service No 165208 Ex POME Jai Singh, S/o Shri Ram Swaroop, Resident of Village and Post Peepli, via Pilani, District Jhunjhunu, Rajasthan

…. Applicant

Versus

1.

UOI, through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 011

2.

Chief of the Naval Staff, IHQ of MoD (Navy), New Delhi

3.

The PCDA (P), Navy, No 1, Cooperage Road, Colaba, Mumbai – 400 001

4.

The OIC, Naval Pension Office, c/o INS Tanaji, Sion-Trombay Road, Mankhurd, Mumbai – 400 088

…. Respondents

For Applicant

: Mr. Shyam Singh, Advocate

For Respondents

: Mr. Pyare Lal, 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

07.03.2026

1. Under Section 14 of the Armed Forces Tribunal Act, 2007, the applicant has filed this OA praying for directing the Respondents to grant Disability Element of Disability Pension @50% wef 01/8/2001 to 31/12/2015 with 18% interest and litigation costs.

2. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Navy on 26/7/1986 and was discharged from service on 31/7/2001 on expiry of engagement and was granted service pension for life. Since the applicant was suffering from the disability, the duly constituted RMB assessed the disability of the applicant, “Noise Induced Hearing Loss Bilateral”, @20% for two years and was considered it as not attributable to but aggravated by military service. Based on the RMB and subsequent RSMB, which assessed the disability of the applicant @20% for life, the applicant was also granted disability element of disability pension for life. Further, based on the Govt of India, Ministry of Defence letter dated 05/9/2017, the applicant is entitled to the grant of broadbanding of his disability from 20% to 50% wef 01/1/2016 and accordingly the same benefit was also extended to the applicant wef 01/1/2016 vide PPO dated 12/4/2018. The Respondents have summed up their submission by stating that the applicant is not entitled for grant of broadbanding benefit wef the date of his discharge, ie, 01/8/2001.

3. During the course of hearing, Counsel for the Applicant submitted that he has filed a brief facts of the case and prayed that the applicant is eligible for grant of broadbanding benefit wef the date of his discharge in terms of recent Judgment dated 12/2/2026 passed by the Hon’ble Apex Court in the case of UOI through its Secretary & Ors Vs Sgt Girish Kumar & Ors Etc, in Civil Appeal Nos 6820-6824 of 2018, in which it was held that the appellants therein are entitled to disability pension including the benefit of broadbanding, due to them, with effect from 01/1/1996 or 01/1/2006, as the case may be, alongwith interest @6% per annum.

4. We have heard the counsels for the parties and perused the material placed on record.

5. In view of the foregoing and since the applicant is in receipt of disability element of disability pension @20% for life and benefit of Broadbanding to 50% has already been extended to him wef 01/1/2016 by the Respondents, this OA is disposed off with a direction to the Respondents to grant further benefit of broadbanding of disability element of disability pension to 50% to the applicant in

terms of judgment of the Hon’ble Apex Court (supra) within a period of six months from the date of receipt of a copy of this Order.

6. The OA is disposed off accordingly. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

cda/-

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