Armed Forces Tribunal
Ex HFO Radhey Shyam Pandey (Air Force) vs UOI & Others on 14 July 2026
OA No 200/2021 Ex HFO Radhey Shyam Pandey Vs UOI & Ors ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
24.
OA No 200/2021 with MA No 290/2019
No-658313S Ex HFO Radhey Shyam Pandey, S/o Sh.
Ramjatan Pandey, currently residing at B-46A, Pragati Path, Bajaj Nagar, Gandhi Nagar, Jaipur (Raj)
….Applicant
Versus
1.
Union of India, through theSecretary, Ministry of Defence, Sena Bhawan, New Delhi
2.
The Dy. CDA (AF), New Delhi
3.
The OIC Records, AFRO,
Subroto Park, New Delhi-110010
…. Respondents
For Applicant
: Mr. Tansukh Rai, Advocate
For Respondents
: Mr. Anil Bhardwaj, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
14.07.2026
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 Pensionfrom 20% to 50%wef 01.03.2014 and that the arrears be paid along with interest @ 12% per annum.
2. Vide Reply Statement, the Respondents havesubmitted that the Applicant was discharged from Service on 28.02.2014 on attaining the age of superannuation and has been granted Disability Element of Disability Pension @ 20% for life from the date of his superannuation from Service. Since the Applicant was discharged from Service on attaining the age of superannuation and was not invalided out on medical grounds, he is not eligible for grant of Rounding Off benefit of Disability Element of Disability Pension from the date of his discharge from Service in terms of Govt of India, Ministry of Defence letter No 17(01)/2017/(02)/D (Pension/Policy) dt 05.09.2017. However, he is eligible for grant of Rounding Off benefit wef 01.01.2016. In view of the aforesaid
OA No 200/2021 Ex HFO Radhey Shyam Pandey Vs UOI & Ors averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.
3. During the course of arguments, Learned Counsel for the Applicant submitted that 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.
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/-