Ex Hav Bhagwan Singh (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 Pensionfrom 20% to 50%from01.01.2006 to 31.12.1995 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 24years of service, he was discharged from Service in low medical category on 31.12.2005.The Applicant has continuously been granted Disability Element of Disability Pension @ 20% for life from the date of his discharge from service, however, Rounding Off benefit of Disability Element of Disability Pension has not been granted to him from 01.01.2006 to 31.12.2015. 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 to 50% for life wef01.01.1996. The Applicant has also placed reliance on 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 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 from 01.01.2006 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 at the time of his discharge from Service, his disability was assessed @ 30% for life and not 20% for life, as contended in the OA and, accordingly, the Applicant has been granted Disability Element of Disability Pension @ 30% for life wef 01.01.2006 vide PPO No DE/010952/2006. Since the Applicant was discharged from Service on completion of terms of engagement and was not invalided out of service on medical grounds, he is not entitled for grant of Rounding Off benefit of Disability Element of Disability Pension from 01.01.2006 to 31.12.2015. 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, which has already been paid to the Applicant as contended by him in the OA.

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/-