Armed Forces Tribunal

Ex Hav Roop Chand (Army) vs UOI & Others on 3 July 2026

Cites 0, Cited by 0

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)

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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/-

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead