Armed Forces Tribunal
Ex Hav Roop Chand (Army) vs UOI & Others on 3 July 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
4.
OA 585/2018 with MA 639/2018
No 15105959P Ex Hav Roop Chand, S/o Shri Suraj Bhan, Resident of Village & Post Jakanna, Tehsil Bhehroad, 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.
The OIC Records, Artillery Records, Nasik Road Camp, Nasik, Maharashtra
…. Respondents
For Applicant
:Mr Sunil Kumar, Proxy for
Mr. Yogendra Singh, Advocate
For Respondents
:Mr. OP Jhajharia, 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 01/2/2009 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 Regiment of Artillery on 02/11/1985 and was transferred to pension establishment wef 30/11/2009 on fulfilling the conditions of his enrolment under Rule 13 (3) Item III (i) of Army Rules 1954. Since the applicant was in low medical category at the time of his discharge from service due to the disability, “Bilateral Lower Limb Ischemia (Optd) with Chopart’s Amputation Left Foot”, the duly constituted RMB assessed the disability of the applicant @30% for life and
2 considered it as aggravated by military service. Accordingly, the applicant was granted disability element of disability pension @30% for life wef 01/12/2009, apart from service pension for the qualifying service rendered by him.
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/-