Smt Ram Pyari wo late Naik Nandan Singh (Army) vs UOI & Others on 20 August 2026

O R D E R

20.08.2026

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 Life Time Arrears of Rounding Off Benefit of Disability Element of Disability Pension for the lifetime of her husbandfrom01.01.1996 to 12.08.2010 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 24 years of service, her husband was discharged from Service on 30.11.1995 in low medical category. At the time of discharge from Service, her husband’s disability was assessed @ 20% for life. In addition to Service Pension, the Applicant’s husband had continuously been granted Disability Element of Disability Pension @ 20% wef01.12.1995 till his death on 12.08.2010. The Applicant 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, her husband was eligible for grant of Rounding Off Benefits from the date of his discharge from

Service till his death. 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 she is eligible for grant of Rounding Off Benefits of Disability Element of Disability Pension for lifetime of her husband from 01.12.1995 to 12.08.2010. The Applicant made representation and also issued Legal Notice for grant of Rounding Off Benefits of Disability Element of Disability Pension for lifetime of her husband, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed reply to the Application and while not disputing the basic facts presented by the Applicant, they have submitted that the Applicant’s husband was discharged from Service on completion of tenure of service and was not invalided out on medical grounds, therefore, he was not eligible for grant of Rounding Off benefit of Disability Element of Disability Pension during his lifetime. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. Though the Counsel for the Applicant was not present during the course of hearing, however, Learned Counsel for the Respondents submitted that since the issue for grant of Rounding Off benefit has already been settled by Hon’ble Supreme Court vide its judgment dt 12.02.2026 in Civil Appeal No 6820- 6824/2018 in the case of UOI & Ors Vs Sgt Girish Kumar & Ors, he has no objection if the Respondents are directed to decide his case of the Applicant for grant of Rounding Off benefit in the light of the principles settled by Hon’ble Supreme Court judgment in the ibid judgment.

5. We have heard Counsel for the Respondents and perused the material placed on record.

6. The issue involved in this matter with regard to grant of benefit of Rounding Off of Disability Element of Disability Pension is no longer res-integra

with the judgment dated 12.02.2026 passed by Hon’ble Supreme Court in the case of Ex Sgt Girish Kumar (Supra).

7. 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.

8. The OA is disposed off, accordingly.

Pending Miscellaneous Application(s), if any, also stand disposed off.

9. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-