Ex Sep Hanumana Ram (Army) vs UOI & Others on 16 July 2026

**ORDER

16.07.2026**

1. 1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant War Injury Pension wef 03/4/1975 alongwith rounding off benefits to the applicant wef 01/1/1996 for life and Ex-Gratia award as applicable to War injured and all other benefits of Battle Casualty and the arrears be paid to the applicant alongwith interest @12% per annum. He has also prayed for any other relief as decided by the Tribunal alongwith cost in favour of the applicant.


2. Vide Reply Statement, the Respondents have stated that the applicant herein was enrolled in the Army on 04/2/1960. While serving with 2 JAT on 03/11/1971, the applicant was wounded – "Multiple Shell Wound Scalp, Arm (Lt) and Gluthal Region (Lt)" - , in action during Operation, "Cactus Lily" (Eastern Theatre) and owing to this he was downgraded to low medical category CEE Permanent wef 28/9/1972. He was transferred to pension establishment on 02/4/1975 on fulfilling the conditions of his enrolment under Rule 13 (3) item III (i) of Army Rules, 1954. He was granted service pension for life for the qualifying service rendered. The duly constituted RMB assessed the said disability of the applicant @30% for two years and considered it as attributable to military service. Based on the RMB and subsequent RSMBs, the applicant was granted disability element for life. Later, in terms of Special Army Order 1/2003/MP and since the applicant sustained injury during action in 1971, the applicant was granted War Injury Pension instead of Disability Pension wef 03/4/1975 for life, which was duly rounded off to 50% wef 01/1/2016.

3. We have heard the counsels for the parties and perused the material on record.

4. On perusal of material on record it reflects that so far as the prayer of the applicant with regard to grant of War Injury Pension, the same has already been extended to the applicant alongwith its benefits of rounding off wef 01/1/2016. It is not in dispute that with regard to grant of broadbanding, the issue has been settled by the Hon'ble Apex Court vide its Judgment dated 12/2/2026 in the case of Union of India through its Secretary & Ors Vs Sgt Girish Kumar & Ors etc, in Civil Appeal Nos 6820-6824 of 2018 alongwith other Civil Appeals.

5. 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 for rounding off of his War Injury Pension in terms of ibid judgment within a period of six months from the date of receipt of a 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. The payment already released to the Applicant will be suitably adjusted in the arrears. Respondents are also directed to grant Ex-Gratia as admissible to the applicant at the rates prevailing in 1971 to the applicant, if not already granted to him.

सत्यमेव जयते

6. The OA is disposed off accordingly. No order on costs.

7. Pending application, if any, also stands disposed off.

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(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

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