Armed Forces Tribunal
Ex Hav Sher Singh Yadav (Army) vs UOI & Others on 12 August 2026
OA No 93/2020 Ex Hav Sher Singh Yadav Vs UOI & Ors ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
27.
OA No 93/2020 with MA No 593/2019
No-4161981 Ex Hav Sher Singh Yadav, S/o Sh. Sultan Singh, R/o VPO-Nihaloth, Tehsil-Buhana, District- Jhunjhunu (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.
OIC Records, Records of DSC, Cannanore-670013
…. Respondents
For Applicant
: Mr. Sunil Kumar, Advocate
For Respondents
: Mr. Arun Kumar, 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
12.08.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein to direct the Respondents to grant Rounding Off Benefit of Disability Element of Disability Pension from 01.01.1996 to 31.12.2015 and that the arrears be paid along with interest @ 18% per annum.
2. Vide Reply Statement, the Respondents have submitted that the Applicant was enrolled in DSC on 16.04.1974 and after rendering more than 18 years of service, including the former service rendered in the Army, he was discharged from Service on 30.04.1989 on completion of terms of engagement and was not invalided out of service on medical grounds. Therefore, he is not entitled for grant of Rounding Off benefits for the period from the date of his discharge from Service. 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.
OA No 93/2020 Ex Hav Sher Singh Yadav Vs UOI & Ors
3. 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.
4. We have heard Counsels for both the parties and perused the material placed on record.
5. 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.
6. 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. The amount already paid on account of disability element to the Applicant shall be suitably adjusted.
7. The OA is disposed off, accordingly.
Pending Miscellaneous Application(s), if any, also stand disposed off.
8. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-