Armed Forces Tribunal
Ex Nk Hira Lal (Army) vs UOI & Others on 15 May 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
12.
OA No 729/2018 with MA No 832/2018
No-14237962F Ex Nk Hiralal, S/o Mula Ram, R/o Vill- Moi Tal Wali, Tehsil-Buhana, Distt-Jhunjhunu (Raj)
….Applicant
Versus
1.
Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi-110011
2.
PCDA (P), Draupadi Ghat, Allahabad (UP)-211014
3.
OIC Records, Signals Records, Post Bag No-5, Jabalpur (MP) – 482001
…. Respondents
For Applicant
: Mr.Sunil Kumar, Advocate, Proxy for
Mr.Yogendra Singh, Advocate
For Respondents
: Mr.Arun Kumar, 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
15.05.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein to direct the Respondents to grantRounding Off Benefit of Disability Element of Disability Pensionfrom 20% to 50%from 01.08.2002 to 31.12.2015 and that the arrears be paid along with interest @ 18% per annum.
2. Brief facts of the case as enunciated by the Applicant are that after rendering 22years of service, he was discharged from Service in low medical category on 31.07.2002 on completion of terms of engagement. In addition to Service Pension, the Applicant has continuously been granted Disability Element of Disability Pension @ 20% from the date of his discharge from Service.TheApplicant submits that in terms of Para 7.2 of Govt of India, Ministry of Defence letter No 1(2)/97/D(Pen-C) dt 31.01.2001, he is eligible for grant of Rounding Off Benefits from the date of his discharge from Service. The
Applicant has been granted Rounding Off benefit of Disability Element of Disability from 20% to 50% for life wef 01.01.2016. However, the Rounding Off benefit for the period from his date of discharge on 01.08.2002 to 31.12.2015 has not been granted. The Applicant has placed reliance on Hon’ble Supreme Court judgment in the case of Capt KJS Buttar Vs UOI & Ors SCC 2011 XI 429 and Hon’ble Supreme Court judgment in the case of UOI & Ors Vs Ram Avtar (2014) SCC Online 1761 and submitted that he is eligible for grant of Rounding Off Benefits of Disability Element of Disability Pension from the date of his discharge from Service. The Applicant made representation and also issued Legal Notice for grant of Rounding Off Benefits of Disability Element of Disability Pension for the period from 01.08.2002 to 31.12.2015, but to no avail. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents have filed a detailed reply to the Application and have submitted that the duly constituted Release Medical Board initially assessed his Disability @ 20% for five years, however, the MA (P) at PCDA (P) re-assessed it @ 20% for two years. The disability of the Applicant was reviewed from time to time and finally it was assessed @ 20% for life wef 01.07.2004 and, accordingly, the Applicant has continuously been granted Disability Element of Disability Pension @ 20% from the date of his discharge from Service.In the present case, the Applicant was discharged from Service on completion of tenure of service and was not invalided out on medical grounds, therefore, he is not eligible for grant of Rounding Off benefit of Disability Element of Disability Pension from the date of his discharge from Service on 01.08.2002 till 31.12.2015.In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.
4. During the course of arguments, Learned Counsel for the Applicant submitted that Respondents may be directed to decide his case in the light of the principles settled by Hon’ble Supreme Court judgment dt 12.02.2026 in Civil Appeal No 6820-6824/2018 in the case of UOI & Ors Vs Sgt Girish Kumar & Ors, to which Learned Counsel for the Respondents raised no objection.
5. We have heard Counsels for both the parties and perused the material placed on record.
6. It is apparent from the perusal of material placed on record that the Applicant has continuously been granted Disability Element of Disability Pension @ 20%from the date of his discharge from Service and he has also been granted Rounding Off benefit of Disability Element of Disability Pension from 20% to 50% for life wef 01.01.2016.The Applicant is also eligible forRounding Off of Disability Element of Disability Pension in terms of the judgment dated 12.02.2026 passed by Hon’ble Supreme Court in the case of Ex Sgt Girish Kumar (Supra).
7. Taking into consideration the fact that the Applicant has been granted Disability Element of Disability Pension @ 20% from the date of his discharge from service till 31.12.2015 and, thereafter, Rounding Off benefit of Disability Element of Disability Pension to 50% for life wef 01.01.2016 and the Counsel for the Applicant has prayed for grant of Rounding Off benefits in the light of principles laid down by Hon’ble Supreme Court in the case of Sgt Girish Kumar (Supra), we direct the Respondents to extend Rounding Off benefits to the Applicant as per this 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 interest @6% per annum on the amount of arrears, if any. Amount already paid on account of rounding off benefit of disability element of disability pension, if any, shall be adjusted.
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/-