Ex Sep Dharam Singh (Army) vs UOI & Others on 20 August 2026

O R D E R

20.08.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein to direct the Respondents to grant Disability Pension to the Applicant wef 01.06.1978 along with Rounding Off Benefit of Disability Element of Disability Pension to 50%wef 01.01.1996 and that the arrears be paid along with interest @ 12% per annum.

2. The brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 28.12.1962 and after rendering 15 years five months and four days of qualifying Service, he was discharged from Service on 31.05.1978 on completion of terms of engagement for which he has been granted Service Pension for life. At the time of discharge, the Applicant’s disability was assessed above 20%, however, the Applicant has not been granted Disability. The Applicant made representations as also issued Legal Notice for grant of Disability Pension duly rounded off to 50%, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement and while not disputing the basic facts presented by the Applicant, they have submitted that while in Service, the Applicant was placed in low medical category and was retained in Service. At the time of discharge, the duly constituted Release Medical Board assessed his Disability @ 20% initially for a period of two years and considered it as Aggravated by Military Service and the Applicant was granted Disability Element of Disability Pension for two years. Thereafter, the disability of the Applicant was reviewed from time to time and finally it was assessed @ 20% for life wef 20.11.1991 and, accordingly, the Applicant has been granted Disability Element of Disability Pension @ 20% for life wef 20.11.1991. As regards Rounding Off benefit of Disability Element of Disability Pension, the Respondents have submitted that since the Applicant was discharged from Service on completion of terms of engagement and was not invalided out of service on medical grounds, he is not entitled for grant of Rounding Off benefits from 01.01.1996 to 31.12.2015. However, he is entitled for Rounding off benefit wef 01.01.2016 in light of Govt of India, Ministry of Defence letter No 17(01)/2017/D(Pen/Policy) dt 23.01.2018 and PCDA (P) Circular No 596 dt 09.02.2018.

4. Though the Counsel for the Applicant was not present during the course of hearing. However, Learned Counsel for the Respondents submitted that the Applicant has already been granted Disability Element of Disability Pension @ 20% for life. Further, the Applicant has not countered the Reply Statement filed by the Respondents which reflects that the Applicant is already in receipt of Disability Element of Disability Pension. As regards Rounding Off benefits, the Counsel for the Respondents submitted that since the issue for grant of Rounding Off benefit has already been settled by Hon’ble Supreme Court vide its judgmentdt 12.02.2026 in Civil Appeal No 6820-6824/2018 in the case of UOI & Ors Vs Sgt Girish Kumar & Ors, he has no objection if the Respondents are directed to decide his case of the Applicant for grant of Rounding Off benefit in the light of the principles settled by Hon’ble Supreme Court judgment in the ibid judgment.

5. We have heard Counsel for Respondents and perused the material placed on record.

6. 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 12.02.2026 passed by the Hon’ble Supreme Court in the case of Union of India through its Secretary and Ors Vs Sgt Girish Kumar & Ors etc, in Civil Appeal Nos 6820-6824 of 2018 along with other Civil Appeals.

7. 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 certified 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.

8. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

9. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-