Armed Forces Tribunal
Lt Col (Retd) Anil Tiwari (Army) vs UOI & Others on 3 July 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
6.
OA 697/2018 with MA 784/2018
IC-42060W Lt Col Anil Tiwari (Retd), S/o Shri Om Prakash Tiwari, Resident of House No 10, Bhomia Nagar, Kalwar Road, Jhotwara, Jaipur – 302 012
…. Applicant
Versus
1.
UOI, through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 011
2.
Chief of the Army Staff, South Block, New Delhi
3.
The PCDA (P), Draupadi Ghat, Prayagraj, UP
4.
The Adjutant General (PS-4), AG’s Branch, Army HQ, New Delhi –
110 011
…. Respondents
For Applicant
: Mr. Tansukh Rai, Advocate
For Respondents
: Mr. Sudesh Chand Sharma, 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 01/10/2008 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%.
2. Vide Reply Statement, the Respondents have stated that the applicant was commissioned in the Army on 06/6/1984 and prematurely retired from service on 30/9/2008. Since the applicant was in low medical category due to the disabilities, “Paranoid Schizophrenia and (ii) ACL Tear (Rt + Lt) Optd”, the duly constituted RMB assessed these disabilities of the applicant @30% each for life, with composite assessment @30% for life and considered the first disability as neither attributable to nor aggravated by military service and the second disability as attributable to military service. Accordingly, Army HQ, AG/PS-4 has accepted the opinion of the duly constituted RMB and the applicant was granted disability element of disability pension for life.
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)
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