Smt Madan Kanwar wdo Late Hav Sujan Singh Rathor vs UOI & Others on 18 August 2026

O R D E R

18.08.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, No 13926272N Late Hav Sujan Singh Rathor ,ie, the original the applicant in the OA had filed this OA praying for directing the Respondents to grant rounding off benefits of his disability element wef 01/1/1996 to 31/12/2015 with interest @18% in his favour.

2. During the pendency of the OA, the original applicant expired on 25/11/2025 and based on the LR application filed by the counsel for the applicant vide MA No97/2026, this Tribunal, vide its Order dated 14/5/2026, has substituted the present applicant - Smt Madan Kanwar – widow of the deceased original applicant in this matter.

3. Vide Reply Statement, the Respondents have stated that the original applicant in this matter was enrolled in the Army on 20/7/1964 and was discharged from service on 29/1/1983 being placed in low medical category lower than AYE and not upto the prescribed military standard under Rule 13 (3) item III (v) of Army Rules 1954. He had rendered 18 years and 193 days of service and was granted service pension for life. The duly constituted RMB assessed the disability of the original Applicant, “Thyrotoxicosis” @60% for one year and considered it as aggravated by military service due to stress and strain of military service. Based on the RMB and subsequent RSMBs, disability element of the applicant continued uninterruptedly and eventually it was granted for life wef09/6/2001.

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

5. As regards grant of benefit of rounding off of disability element, it is no longer res integra with 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 & Orsetc, in Civil Appeal Nos 6820-6824 of 2018 alongwith other Civil Appeals. Counsel for the Respondents has not raised any objection in disposing off the OA in terms of the judgment passed by the Hon’ble Apex Court.

6. In view of the foregoing, we deem it appropriate to remit the case back to the Respondents to consider the prayer of the original applicant in terms of ibid judgment 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 on the amount of arrears till the date of its actual payment. The payment already released to the Applicant will be suitably adjusted in the arrears.

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

8. Pending application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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