Armed Forces Tribunal
Ex Sep Pokar Mal (Army) vs UOI & Others on 3 July 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
7.
OA 775/2018 with MA 885/2018
No 2953426 Ex Sep Pokar Mal, S/o Shri Budh Ram, Resident of Village and Post Baghera, District Jhunjhunu, Rajasthan – 333 305
…. 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, DSC Records, PIN 901 277, c/o 56 APO
…. Respondents
For Applicant
: Mr. Tansukh Rai, 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
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 @ 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 with 12% interest.
2. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Rajput Regiment on 03/12/1962 and was discharged from service on 30/11/1978 under Rule 13 (3) Item III (i) of Army Rules 1954. He had rendered 15 years and one month service and was granted service pension for life. Post his discharge from the Army the applicant was re-enrolled in DSC on 26/10/1985 and opted not to count his former service towards DSC service. Since the applicant was placed in low medical category during the span of his DSC service, he was not granted extension and, hence, was discharged from service on 31/10/1995 under Rule 13 (3) item III (i) after rendering 10 years and six days of service. While theduly constituted RMB assessed the disability of the applicant 20% and considered it as neither attributable to nor aggravated by military service, based on the Appeal of the applicant he was granted disability element of disability pension @20% wef 18/2/2005 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)
cda/-