Hony Nb Sub Ratan Singh Shekhawat (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 grantRounding Off Benefit of Disability Element of Disability Pension to 50%as applicable to Honorary Naib Subedar and that the arrears be paid along with interest @ 10% per annum.

2. Brief facts of the case as enunciated by the Applicant are that after rendering more than 22years of service, he was discharged from Service in low medical category on 28.02.1993 in the rank of Havildar and after his retirement, he was conferred with Honorary rank of Naib Subedar.After discharge from Service, the Applicant has continuously been granted Disability Element of Disability Pension, however, Rounding Off benefit of Disability Element of Disability Pension has not been granted to him. 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, the Applicant is eligible for grant of Rounding Off Benefits from 01.01.1996. 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 thathe is eligible for grant of Rounding Off Benefits of Disability Element of Disability Pension wef 01.01.1996. The Applicant made representation and also issued Legal Notice for grant of Rounding Off Benefits of Disability Element of Disability Pension, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed reply to the Application and while not disputing the facts presented by the Applicant, they have submitted that the Applicant was discharged from Service on 28.02.1993 on completion of terms of engagement and was not invalided out of service, hence, he is not entitled for grant of Rounding Off benefits wef 01.01.1996. However, he is entitled for Rounding off benefit wef 01.01.2016 in light of Govt of India, Ministry of Defence letter No 17(01)/2017/D(Pen/Policy) dt 23.01.2018 and PCDA (P) Circular No 596 dt 09.02.2018.

4. During the course of arguments, Learned Counsel for the Applicant submitted that as regards grant of Rounding Off benefits, the 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. 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 12.02.2026 passed by the Hon’ble Supreme Court in the case of Union of India through its Secretary and Ors Vs

Sgt Girish Kumar & Ors etc, in Civil Appeal Nos 6820-6824 of 2018 along with other Civil Appeals.

7. 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 certified 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.

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/-