Armed Forces Tribunal
Ex Sigmn Bhanwar Lal Nayak vs UOI & Others on 3 July 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
5.
OA 653/2018 with MA 727/2018 & MA 728/2018
No 14200563 Ex Sigmn Bhanwar Lal Nayak, s/o Shri Ram Devi Nayak, Resident of Karmchari Colony, Plot No. Behind 6 Residency Road, Jodhpur, Rajasthan
…. Applicant
Versus
1.
UOI, through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 011
2.
The PCDA (P), Prayagraj, UP – 211 014
3.
The OIC Records, Signals Records, c/o 56 APO
…. Respondents
For Applicant
: Mr. Tansukh Rai, Advocate
For Respondents
: Mr. Anil Bhardwaj, 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
MA No 728/2028
1. The applicant has filed this MA, praying for hearing the matter at Regional Bench, Jaipur, which is allowed, taking into consideration the reasons advanced therein.
OA No 653/2028 with MA No 727/2018
2. 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 20% to 50% wef 01/1/1996 for the purpose of computing disability element as per Para 7.2 read with Para 10.2 of the Govt of India, Ministry of Defence letter dated 31/1/2001 alongwith interest @12%.
3. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Corps of Signals on22/3/1966 and was discharged from service on 31/3/1983 under Rule 13 (3) Item III (i) read in conjunction with Sub Rule 13 (2A), on fulfilling the conditions of his enrolment in low medical category BEE (Permanent) for the disabilities, “(i) Schizophrenia & (ii) Sciatica (Rt)”. He had rendered 17 years and five days of service excluding five days of Non Qualifying Service and was granted service pension for life for the qualifying service. The duly constituted RMB assessed the disabilities of the applicant (i) @40% and the second disability @6-10%, with composite assessment @50% for two years and considered both these disabilities as aggravated by military service. Based on the RMB and subsequent RSMBs, the applicant was granted disability element of disability pension @20% for life.
4. We have heard the counsels for the parties and perused the material on record.
5. 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.
6. 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.
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)
cda/-