Armed Forces Tribunal
Ex Sub Rajender Singh Yadav (Army) vs UOI & Others on 6 July 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
26.
OA No 190/2019 with MA Nos222/2019 and 223/2019
No-JC-257542M Ex Sub Rajender Singh Yadav, S/o Late Sh. Amar Singh Yadav, R/o Vill- Mohlra, Post-Ratta Kalan, Tehsil-Narnaul, Distt-Mahendergarh (Haryana), at present R/o A-116, Karni Nagar, Lal Garh, Bikaner-334001 (Raj)
….Applicant
Versus
1.
Union of India, represented bySecretary, Ministry of Defence, South Block, New Delhi-110011
2.
PCDA (P), Draupadi Ghat, Allahabad (UP)-211014
3.
The OIC Records, Artillery Records,
Nasik Road Camp, Nasik (MH)
…. Respondents
For Applicant
: Mr. Sunil Kumar, Advocate, Proxy for
Mr. Yogendra Singh, Advocate
For Respondents
: Mr.Anil Bhardwaj, 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
06.07.2026
MA No 223/2019
1. MA No 223/2019 has been filed by the Applicant for hearing of the matter at Regional Bench, Jaipur. For the reasons stated in the Application, MA No 223/2019 is allowed.
MA No 222/2019
2. MA No 222/2019 has been filed by the Applicant for condonation of delay in filing OA No 190/2019. Having considered the reasons and grounds stated in the MA and also the fact that the pension is a recurring cause of action, the delay in filing the OA is condoned to examine the prayer on merits.
OA No 190/2019
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%from01.10.2003 to 31.12.2015 and that the arrears be paid along with interest @ 18% per annum.
4. Vide Reply Statement, the Respondents have submitted that the Applicant was discharged from Service on 30.09.2003 on completion of terms of engagement and has been granted Disability Element of Disability Pension @ 20% from the date of his discharge from Service.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 benefits for the period from01.10.2003 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 him as has been conceded by the Applicant in the OA.
5. 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.
6. We have heard Counsels for both the parties and perused the material placed on record.
7. 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.
8. 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.
9. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
10. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-