Ex NK Khuman Singh (Army) vs UOI & Others on 27 May 2026

O R D E R

27.05.2026

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 of disability element of disability pension from 20% to 50% wef 01/1/1997 to the applicant for life with interest 12% per annum. He has also prayed for directing the Respondents to furnish statement giving out breakdown of hi service element, disability element and benefits accrued consequent to grant of OROP. He has also prayed for award of cost of application in favour of the applicant.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 3/12/1979 and was discharged from service after rendering an exemnplary service of 17 years and 12 days in the rank of Naik (TRS) under Rule 13 (3) Item III (v) of Army Rules. The applicant is not being paid appropriate scale of pension of both the service as well as the disability element. The applicant is in receipt of 20% disability element for life and, hence, he is eligble for the benefits of rounding off to 50% wef 01/1/1997. However, the same was not granted to him. Having been aggrieved, the applicant has filed this OA, praying for relief.

3. The Respondents vide their Reply Statemen have stated that the applicant was enrolled in the Army non 13/12/1979 and was discharged from service on fulfilling his terms of engagement under Rule 13 (3) Item III (i) of Army Rules 1954. He had rendered 17 years and 19 days of service and was granted service pension for life. Since the applicant was in low medical category due to the disability, “Sciatica (Rt)”, the duly constituted RMB assessed the disability @20% for two years and considered it as aggravated by military service. Based on the RMB and subsequent RSMB, the applicant was granted disability element of disability pension for life. He was not granted benefit of rounding off of disability element of disability pension in terms of extant policy as he was discharged from service on completion of service limit and was not invalided out from service. However, the Respondents have conceded that the applicant is eligible for grant of rounding off benefits to 50% wef 01/1/2016 in accordance with Govt of India, Ministry of Defence letter dated 04/9/2017 and the same can be carried out by the concerned PDA. The Respondents have also raised objection with regard to unexplained delay of more than 22 years involved in filing the OA.

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

5. It is apparent from the material on record that the applicant is in receipt of service pension for the qualifying service rendered as also disability element of disability pension @20% for life. As regards grant of benefit of rounding off of his disability element from the existing 20% to 50%, he is eligible for the same

in accordance 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 & Ors etc, in Civil Appeal Nos 6820-6824 of 2018 alongwith other Civil Appeals.

6. In view of the above, we deem it appropriate to remit the case 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.

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

8. Pending application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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