Armed Forces Tribunal
Ex Sgt Laxmi Narayan Inda (Air Force) vs UOI & Others on 3 July 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
8.
OA 777/2018 with MA 889/2018 & MA 890/2018
No 280203AEx Sgt Laxmi Narayan Inda, S/o Shri Ishwar Lal Inda, Resident of A-5, Pokaran House, PWD Road, Jodhpur, Rajasthan
…. Applicant
Versus
1.
UOI, through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 011
2.
The CDA (Air Force) Pension, Subroto Park, New Delhi
3.
The OIC Records, Air Force Records, Subroto Park, New Delhi –
110 010
…. Respondents
For Applicant
: Mr. Tansukh Rai, Advocate
For Respondents
: Mr. Pyare Lal, Senior Panel Counsel
GpCaptMehra, OIC Legal Cell, Air Force
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 890/2018
1. The Applicant has filed this MA, praying for hearing of the matter at the Regional Bench, Jaipur, which is allowed taking into consideration the reasons advanced therein. OA No 777/2018 with MA No 889/2018
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 in accordance with Para 7.2 read with Para 10.2 of Govt of India, Ministry of Defence letter dated 31/1/2001 with interest @10%.
3. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Indian Air Force on 19/4/1965 and was discharged from service on 30/4/1986 under the clause, “on fulfilling the conditions of his enrolment” after rendering 21 years and 12 days of service and was granted service pension for life for the qualifying service. He was granted disability element of disability pension @20% wef the date of his discharge from Air Force service which was granted for life wef 26/3/2008.
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/-