Armed Forces Tribunal
Ex Nk (TS) Jai Ram Singh (Army) vs UOI & Others on 13 March 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
9.
**OA 98/2023 with MA 153/2023, MA 269/2024 & MA 32/2025**
**Army No 2675908F Ex Nk (TS) Jai Ram Singh, S/o Shri Saitan Singh, Resident of Nai Basti, Sogariya, Tehsil Ladpura, District Kota, Rajasthan**
** .... Applicant**
**Versus**
1. 1. UOI, through the Secretary, Ministry of Defence, New Delhi – 110 011
2. 2. The PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014
3. 3. The OIC Records, Grenadier Records, Jabalpur, Madhya Pradesh – 482 001
4. 4. The Assistant General Manager, SBI, CPPC, Chaura Rasta, Jaipur – 302 003
5. 5. The Branch Manager, SBI, Station Road, Kota, Rajasthan – 342 001
** .... Respondents**
**For Applicant : Ms. Pihu Singh, Advocate**
**For Respondents : Mr. Sandeep Garssa, 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**
**13.03.2026**
**MA No 153/2023**
1. 1. The applicant has filed this MA praying for condonation of delay of 23 years and six months involved in filing the OA. MA would be considered alongwith OA at the time of hearing.
**OA No 98/2023**
1. 2. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant disability element of disability pension @20% alongwith rounding off benefits to 50% wef 01/1/1999 for life with interest @12% per annum.
3. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army on 14/12/1981 and was discharged from service on 31/12/1998 under Rule 13 (3) item III (i) on fulfilling the conditions of his enrolment. He had rendered 17 years and 18 days of service and was granted service pension for life. The disability, "Fracture Tibial Spine (Rt)" which the applicant sustained on 17/9/1996 during Battle Physical Efficiency Test (BPET) for which he was downgraded to low medical category wef 16/11/1996 was considered as attributable to military service as per the Court of Inquiry held in connection with the injury sustained by him. The RMB held on 20/6/1998 assessed the said disability of the applicant @20% for two years and considered it as attributable to military service. However, claim of the applicant was rejected by the PCDA (P) with the advice of MA (P) terming the disability as less than 20%, ie, 6 to 10% for five years wef 01/1/1999 to 19/6/2003. Further RSMB held on 01/10/2003 assessed the disability of the applicant @20% for life wef 20/6/2003 and accordingly, the applicant was granted disability element @20% for life wef 01/10/2003. Respondents have further submitted that the applicant is eligible for grant of broadbanding benefit to 50% wef 01/1/2016 in terms of Circular No 596 dated 09/2/2018 of the PCDA (P).
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4. We have heard the counsels for the parties and perused the material on record.
5. It is not <sup>AN</sup>dispute that the applicant had rendered 17 years of service in the Army for which he is in receipt of service pension for life for the qualifying service. The disability of the applicant, "Fracture Tibial Spine (Rt)", which the applicant sustained during BPET, was considered as attributable to military service as per the Court of Inquiry held on this happening. The RMB assessed the said disability of the applicant @20% for two years and considered it as attributable to military service. However, the PCDA (P)/MA(P), on their own volition, rejected the claim of the applicant as assessed by the duly constituted RMB, re-assessing the disability to be less than 20% for five years. RSMB held on 01/10/2003 assessed the disability of the applicant @20% for life wef 20/6/2003 and accordingly the applicant was granted the benefit of disability element wef 01/10/2003 for life. However, rejection of initial claim of the applicant for two years as assessed by the RMB by the PCDA (P)/MA(P) re-assessing it for five years till 19/6/2003, thus depriving the applicant of his legitimate due is not in consonance with the Order passed by the Hon'ble Apex Court. Therefore, the applicant is eligible for disability element of disability pension for these five years from the date of his discharge as well.
6. During the course of hearing, Senior Panel Counsel appearing for the Respondents has interceded and conceded the fact that the applicant is in receipt of service pension beside getting disability element of disability pension for life wef 01/10/2003 and the issue involved is for grant of disability element for the intervening period as also benefit of broadbanding.
7. In view of the foregoing, OA is allowed and the Respondents are directed to grant disability element of disability pension @20% for five years with effect from the date of discharge of the applicant, ie, wef 01/1/1999. As far as grant of broadbanding benefit of disability element of disability pension from the existing 20% to 50% is concerned, the same shall be extended to the applicant in terms of Judgment dated 12/2/2026 passed by the Hon'ble Apex Court in the case of UOI through its Secretary &Ors Vs Sgt Girish Kumar & Ors, Civil Appeal Nos 6820-6824 of 2018 alongwith other Civil Appeals. The arrears accruing on both these counts shall be granted 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 interest @6% on the arrears.
8. The OA is disposed off accordingly. No order on costs.
9. Pending applications, if any, also stand disposed off.
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**(SANJIV MITTAL)** **MEMBER (A)**
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**(GOVERDHAN BARDHAR)** **MEMBER (J)**
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