Armed Forces Tribunal
Ex Naik Bhola Ram (Army) vs UOI & Others on 15 May 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
13.
OA No 800/2018 with MA No 922/2018
No-9202518 Ex Nk Bhola Ram, S/o Shri Surja Ram, R/o VPO-Kotra, Tehsil-Neemka Thana, Distt-Sikar (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.
The OIC Records, The Mahar Regiment
PIN-900127, C/o 56 APO
…. Respondents
For Applicant
: Mr. Sunil Kumar, Advocate, Proxy for
Mr. Yogendra Singh, Advocate
For Respondents
: Mr.Shree Narayan Swami, 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 01.01.1996 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 more than 17 years and six months of service, he was discharged from Serviceon medical grounds on 02.08.1974. 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 01.01.1996 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 01.01.1996 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 two years which was reviewed from time to time and finally his disability was assessed @ 20% for life 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 in low medical category 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 01.01.1996 to 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 entitled to the benefit of Rounding 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/-