Armed Forces Tribunal

Ex Sub Richh Pal Singh (Army) vs UOI & Others on 25 February 2026

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ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

18.

OA 165/2020 with MA 48/2020

JC-375420A Ex Sub Richh Pal Singh , S/o Late Shri Chimna Ram Jat, Resident of Village Kalyan Pura, Post Kuli, Tehsil Dataramgarh, District Sikar, Rajasthan

…. Applicant

Versus

1.

UOI, through the Secretary to the Govt of India, Ministry of Defence, South Block, New Delhi

2.

The Chief/Principal Controller of Defence Accounts (Pension), G3/RA

Section,

Prayagraj,

UP

–

3.

The Officer in Charge Records, Signals, Jabalpur, MP

…. Respondents

For Applicant

: Mr. Tansukh Rai, Sumit Khandelwal, 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

25.02.2026

MA No 48/2020

1. The Applicant has filed this MA, praying for condonation of delay of three years and six months in filing the OA. Taking into consideration the reasons advanced therein, delay involved is condoned and MA is disposed off.

OA No 165/2020

2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant rounding off benefits of his disability element of disability pension from 30% to 50% wef 01/10/2011 for life.

3. Vide Reply Statement the Respondents have submitted that the applicant was enrolled in the Army on 30/9/1983 and was transferred to pension establishment wef 30/9/2011 under Rule 13 (3) item I (i) (a) of Army Rules 1954 on completion of service/age limit. The RMB assessed the disability of the applicant, “PIVD L4-L-5 (Operated)” @30% for life and considered it as aggravated by military service and connected with service. As per copy of RMB proceedings, disability of the applicant was considered as aggravated due to stress and strain of military service.Accordingly, he was granted disability element of disability pension @30% for life wef 01/10/2011. Respondents have further submitted that in accordance with latest policy, the applicant is eligible for grant of rounding off of his disability element of disability pension wef 01/1/2016.

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

5. During the course of hearing, counsel for the applicant has placed on record a copy of the Judgment dated 12/2/2026 passed by the Hon’ble Supreme Court 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, wherein the Hon’ble Apex Court has granted broadband benefits of disability element of disability pension to the affected personnel wef 01/1/1996 or 01/1/2006, as the case may be alongwith interest 6% per annum. Counsel for the applicant has also submitted that he has no objection in disposing off the OA in terms of Judgment passed by the Hon’ble Apex Court.

6. Resultantly, the OA is allowed and Respondents are directed to grant benefit of rounding off of disability element of disability pension from the existing 30% to 50% in terms of Judgment of the Hon’ble Supreme Court in CA Nos 6820-

OA 165/2020 filed by JC-375420A Ex Sub Richh Pal Singh

6824 of 2018 (supra) to the Applicant for life. The arrears shall be paid to the applicant 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 till the date of actual payment of arrears in this regard.

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

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

cda/-

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