Armed Forces Tribunal
Ex Naik Ram Karan (Army) vs UOI & Others on 6 July 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
28.
OA No 290/2019 with MA No 472/2019
No-14617383F Ex Nk Ram Karan, S/o Late Sh. Mehar Singh, R/o Raja Colony, Ismailabad, near Petrol Pump, VPO-Ismailabad, Distt-Kurukshetra (Haryana), at present R/o CISF Colony, Hindustan Zinc Limited, Chanderiya, Tehsil-Gangrar, Distt-Chittorgarh – 312021 (Rajasthan)
….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, The EME Record,
PIN-900453, C/o 56 APO
…. Respondents
For Applicant
: Mr. Sunil Kumar, Advocate, Proxy for
Mr. Yogendra Singh, Advocate
For Respondents
: Mr.Sudesh Chand Sharma, 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
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 for life from 01.05.2008 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 16yearsof service, he was invalided out from Service on 30.04.2008 on medical grounds. In addition to Service Pension for life, the Applicant has been granted Disability Element of Disability Pension above 20% from the date of his discharge from Service. 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, he is eligible for grant of Rounding Off Benefits from the date of his discharge from Serviceon 30.04.2008. 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 he is eligible for grant of Rounding Off Benefits of Disability Element of Disability Pension to 50% for life wef 01.05.2008. The Applicant made representation and also issued Legal Notice for grant of Rounding Off Benefits of Disability Element of Disability Pension from the date of his discharge from Service, 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 discharge from Service,the Applicant’s Composite Disability was assessed @ 40% for life and, accordingly, the Applicant has been granted Disability Element of Disability Pension @ 40% for life duly Rounded Off to 50% wef 01.05.2008 vide PPOs attached at Annexure R/2. The Respondents have reiterated thatsince the Applicant has already been granted rounded off benefit from 40% to50%, the OA is devoid of merit and deserves to be dismissed.
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. On perusal of PPO DE/020335/2008 (Army) (Annexure R/2, Page 59), it is found that the Applicant has been granted Composite Disability @ 40% for life, however, there is no mention about Rounding Off of the Disability Element of Disability Pension to 50% in the PPO, as claimed by the Respondents. Since only amount has been shown therein, it is not clear whether the amount is with reference to 40% disability or it has been arrived at after rounding it off to 50%. Further, in Corr PPO No DE/Corr/024206/2010, Disability Element of Disability Pension has been revised in terms of GoI, MoD letter No 19(6)/2008(2) D (Pension/Policy) dt 05.05.2009 on 6th CPC (Annexure R/2, Page 60).
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 as prayed for by him 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 direct the Respondents to consider Disability Element of Disability Pension @ 40% for life duly rounded off to 50% in the light of principles laid down by Hon’ble Supreme Court in the case of Sgt Girish Kumar (Supra) within a period of six months from the date of receipt of a certified copy of this Order, if not already granted, 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/-