Armed Forces Tribunal
Hony Nb Sub Kewal Singh (Army) vs UOI & Others on 15 May 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
15.
OA No 09/2019 with MA Nos 10/2019 and 11/2019
No-4553487F Ex Hav & Hony Nb Sub Kewal Singh, S/o Dharam Singh, R/o Vill-Takwal, Post-Pargwal, Teh-Akhnoor, Distt-Jammu (J&K), at present R/o CISF Colony, Hindustan Zinc Limited, Chanderiya, Tehsil-Gangrar, Distt- Chittorgarh (Raj) – 312021
….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, 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.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
MA No 11/2019
1. This Application has been filed by the Applicant for hearing the matter at Regional Bench, Jaipur instead of Circuit Bench at Jodhpur. For the reasons stated in the Application, MA No 11/2019 for hearing the matter at Regional Bench, Jaipur is allowed.
MA No 10/2019
2. This Application has been filed by the Applicant for condonation of delay in filing the OA. For the reasons stated in the Application, MA No 10/2019 is allowed.
OA No 09/2019
3. 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 01.04.2006 to 31.12.2015 and that the arrears be paid along with interest @ 18% per annum.
4. Brief facts of the case as enunciated by the Applicant are that after rendering more than 24 years of service, he was discharged from Servicein low medical category on 31.03.2006 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, however, the same have not been granted to him. 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 from01.04.2006 to 31.12.2015, but to no avail. Therefore, the aggrieved Applicant has filed present OA.
5. The Respondents have filed a detailed reply to the Application and have submitted that on being placed in permanent low medical category, the Applicant rendered his unwillingness to continue in service in low medical category and, hence, he was discharged from Service on 31.03.2006. The duly constituted Release Medical Board initially assessed his Disability @ 20% for life and, accordingly, the Applicant has been granted Disability Element of Disability Pension @ 20% for life from the date of his discharge from Service.In the present case, the Applicant was discharged from Service on completion of terms of engagement 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 01.04.2006 to 31.12.2015. However, in terms of PCDA (P) Circular No 596 dt 09.02.2018, he is eligible for grant of Rounding Off benefit of Disability Element of Disability Pension wef 01.01.2016. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.
6. 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.
7. We have heard Counsels for both the parties and perused the material placed on record.
8. It is apparent from the perusal of material placed on record that the Applicant has continuously been granted Disability Element of Disability Pension @ 20% for lifefrom the date of his discharge from Service. The Applicant is also 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).
9. Taking into consideration the fact that the Applicant has been granted Disability Element of Disability Pension @ 20% for lifefrom the date of his discharge from serviceand 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 in arrears.
10. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
11. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-