Smt Ghotali Devi wo late LNk Chuni Ram (Army) vs UOI & Others on 3 July 2026

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 therein to direct the Respondents to grant Life Time Arrears of Rounding Off Benefit of Disability Element of Disability Pensionfrom 20% to 50%during lifetime of her husband 01.01.1996 to 04.12.2006 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 3years of service, her husband was invalided out from Service on 10.04.1944 on medical groundsand in addition to Service Pension for life, he was granted Disability Element of Disability Pension @ 20% for life. The Applicant 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, her husband was eligible for grant of Rounding Off Benefits from the date of his discharge from Service till his death on 04.12.2006. The Applicant has also 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 her husband was eligible for grant of Rounding Off Benefits of Disability Element of Disability Pension from 20% to 50% from 01.01.1996 till his death on 04.12.2006. The Applicant made representation and also issued Legal Notice for grant of Rounding Off Benefits of Disability Element of Disability Pension for lifetime of her husband from 01.01.1996 to 04.12.2006, 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 service documents of her husband have been destroyed after expiry of mandatory retention period. However, as per the Long Roll available, he was invalided out of service on 10.04.1944 and was granted Disability Pension vide PPO No PC-415-V dt 01.08.1944. The Respondents have further conceded that the Applicant is entitled for grant of Rounding Off benefits from 01.01.1996 till death of her husband on 04.12.2006 in terms of Govt of India, Ministry of Defence letter No 12(16)/2009 /D (Pen/Policy) dt 15.09.2014 and PCDA (P) Circular No 529 dt 13.10.2014. The Applicant has already been forwarded Blank Form of Annexure (Form of Application) for completion through PDA and early return to Respondent No-3, which is still awaited. Once the same is received from the Applicant, the case for grant of Lifetime Arrears of Rounding Off benefit shall be processed to PCDA (P). In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. We have heard Counsels for both the parties and perused the material placed on record.

5. It is not in dispute that the Applicant is eligible for grant of lifetime arrears of Rounding Off benefit of Disability Element of Disability Pension during lifetime of her husband from 01.01.1996 to 04.12.2006.The Applicant has been getting regular Family Pension from the date of death of her husband and all the requisite details are already available with the Respondents, and also taking into consideration that the Applicant is an old aged widow, we waive the requirement of producing the documents asked by the Respondent No-3 and direct the Respondents to grant arrears of Rounding off benefit of Disability Element of Disability Pension duly rounded off to 50% to the Applicant for the lifetime of her husband from 01.01.1996 to 04.12.2006 within a period of six months thereafter, 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.

6. The OA is disposed off, accordingly.

Pending Miscellaneous Application(s), if any, also stand disposed off.

7. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-