Ex Hav & Hony Nb Sub Shobha Ram Karwashda vs UOI & Others on 23 January 2026

O R D E R

23.01.2026

1. By way of this Application 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% along with Rounding Off Benefits to 50% for life wef 01.10.2005 and that the arrears be paid along with interest @ 8% per annum.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 17.09.1981 and on completion of terms of engagement in the rank of Havildar, he was Discharged from Service on 30.09.2005. After retirement, the Applicant was conferred with Honorary rank of Naib Subedar and, accordingly, the Applicant has been granted

Service Pension as applicable to the rank of Honorary Naib Subedar. The duly constituted Release Medical Board held at the time of discharge assessed his Disability “Flexon Contracture (Rt) Index Finger (Optd)”@ 11-14% for life and considered it as Attributable to Military Service.The claim for grant of Disability Element of Disability Pension has been rejected by PCDA (P) on the grounds that the Applicant was discharged from Service on completion of terms of engagement and his Disability was assessed below 20% for life. The Applicant was not communicated regarding rejection of Disability Pension, therefore, he could not prefer the Appeals against rejection of the claim before the Competent Authorities. The Applicant submits that he is eligible for grant of Disability Element of Disability Pension in terms of Para 179 of Pension Regulations for the Army, 1961 (Part-1). The Applicant made reliance on the judgments of Hon’ble Supreme Court in the case of Sukhvinder Singh Vs UOI & Ors (2014)STPL 468 SC and contended that he is eligible for grant of Disability Element of Disability Pension for life.To support his contention, the Applicant also relied on AFT (RB), Lucknow Orders dt 28.04.2023 in OA No 1057/2022 in the case of Ex Nk Rahul Kumar Tyagi Vs UOI & Orsand dt 15.03.2018 in OA No 477/2017 in the case of Wg Cdr SP Rathore Vs UOI & Ors and AFT (PB) New Delhi Order dt 14.02.2024 in OA No 581/2018 in the case of Ex Hav Subhash Chand Vs UOI & Ors. The Applicant made representations as also issued Legal Notice for grant of Disability Element of Disability Pension along with Rounding Off Benefits for life from the date of his Discharge, but to no avail. Therefore, the aggrieved Applicant has filed the present OA.

3. The Respondents have filed a detailed Reply Statement. While not contesting the basic facts presented by the Applicant, the Respondents have submitted that after rendering more than 24 years of service, the Applicant was discharged from Service on completion of terms of engagement.Since the Disability of the Applicant was assessed below 20% (11-14%) for life, the Applicantis not eligible for grant of Disability Pension in terms of Para 53 of Pension Regulations for the Army, 2008 (Part-1). The Applicant was duly informed about rejection of his disability pension claim with an advice to prefer an appeal if he was not satisfied with the decision, but he did not file any Appeal. After a delay of more than 16 years, the Applicant served legal notice dt 14.10.2023 for grant of disability element of disability pension which was suitably replied to informing him about his non-entitlement for grant of disability element of disability pension in accordance with Pension Regulations. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. After going through the averments of the Learned Counsels and the material available on record, the following facts emerge:- (a) The Applicant was discharged from service on 30.09.2005 on completion of terms of engagement. He had rendered more than 24 years of service. After retirement, the Applicant was granted Honorary rank of Naib Subedar.

(b) He is in receipt of Service Pension for life for the rank of Honorary Naib Subedar.

(c) The duly constituted Release Medical Board assessed the Disability of the Applicant below 20% (11-14%)for life and considered it as Attributable to Military Service.

(d) The Applicant was informed about rejection of disability pension claim on 24.02.2006 but he did not prefer any Appeal against rejection of disability pension claim.

(e) The OA has been filed on 10.01.2024, ie., after a long delay of more than 17years.

5. The issue to be determined is whether the Applicant is eligible for grant of Disability Elementof Disability Pension from the date of his discharge from service?

6. The primary conditions for grant of Disability Pension are mentioned in Para 53 of Pension Regulations for the Army, 2008 (Part-1), which reads as under:- “53. (a) An individual released/retired/discharged on completion of term of engagement or on completion of service limits or on attaining the prescribed age (irrespective of his period of engagement), if found suffering from a disability attributable to or aggravated by military service and so recorded by Release Medical Board, may be granted disability element in addition to service pension or service gratuity from the date of retirement/discharge, if the accepted degree of disability isassessed at 20 percent or more.

(b) The disability element for 100% disability shall be at the rate laid down in Regulation 98 (b) below. For disabilities less than 100% but not less than 20%, the above rates shall be proportionately reduced. Provisions contained in Regulation 98(c) shall not be applicable for computing disability element.

Notes: 1. An individual discharged on fulfilling the terms of his engagement, his unwillingness to continue in service beyond the period of his engagement should not affect his title to the disability element under the provisions of the above Regulation.

2. An individual who seeks discharge at own request shall not be eligible for disability element provided that the individual who is due for discharge on completion of tenure or on completion of service limit or on completion of terms of engagement or on attaining the prescribed age of retirement and who seeks within one month pre-mature retirement/discharge within one month on request for the purpose of getting higher commutation value of pension, shall remain eligible for disability element.”

7. With regard to grant of disability element of pension, Rule 37 of Pension Regulations for the Army 2008 reads, as follows :- “(a) An Officer who retires on attaining the prescribed age of retirement or on completion of tenure, if found suffering on retirement, from a disability which is either attributable to or aggravated by military service and so recorded by Release Medical Board, may be granted in addition to the retiring pension/retiring gratuity as admissible, a disability element from the date of retirement if the degree of disability is accepted at 20% or more”.

8. Regulation 81 (a) of Pension Regulations for the Army 2008 is reproduced below :- “(a) Service personnel who is invalided out from service on account of a disability which is attributable to or aggravated by such service may, be granted a disability pension consisting of service element and disability element in accordance with the Regulations in this section.

(b) The question whether disability is attributable to or aggravated by military service shall be determined under the Entitlement Rules for Casualty Pensionary Award, 2008 as laid down in APPENDIX-IV of these Regulations”.

9. A case of similar nature has been settled by the Hon’ble Supreme Court in Civil Appeal No. 2259 of 2012 in the case of Bachchan Prasad Vs UOI & Ors, decided on 04/9/2019. The relevant portion of the judgment reads, as follows :- “….. However, we cannot find fault with the opinion of the Medical Board that the disability is less than 20%. The appellant is not entitled for disability element, as his disability is less than 20%. We do not see any reason to interfere with the impugned order. The appeal is accordingly, dismissed”.

10. Further, the issue of grant of Disability Pension where the Disability is assessed below 20%, has been settled by Hon’ble Supreme Court in the case of UOI & Ors Vs Wg Cdr SP Rathore, Civil Appeal No 10870/2018, decided on 11/12/2019, the relevant extract of which is, reproduced below :- “9. As pointed out above, both Regulation 37(a) and Para 8.2 clearly provide that the disability element is not admissible if the disability is less than 20%. In that view of the matter, the question of rounding off would not apply if the disability is less than 20%. If a person is not entitled to the disability pension, there would be no question of rounding off.

10. The Armed Forces Tribunal (‘AFT’), in our opinion, put the cart before the horse. It applied the principles of rounding off without determining whether the petitioner/applicant before it would entitled to disability pension at all.

11. In view of the provisions referred to above, we are clearly of the view that the original petitioner/applicant before the AFT is not entitled to disability pension. Therefore, the question of applying the provisions of Para 7.2 would not arise in his case. In this view of the matter, we set aside the order of the AFT and consequently, the original application filed by the Respondent before the AFT shall stand dismissed”.

11. It is apparent from the foregoing that after rendering more than 24 years of service, the applicant was discharged from service on completion of terms of engagement and was not invalided out of service on medical grounds. The duly constituted Release Medical Board assessed the disability of the Applicant below 20%(11-14%) for life. In view of the above and in the light of the judgments of the Hon’ble Apex Court in Bachchan Prasad and Wing Cdr SP Rathore (Supra), the Applicant is clearly not eligible for grant of Disability Element of Disability Pension from the date of his discharge from Service and consequently he is also not eligible for grant of Rounding Off Benefits.

12. Hon’ble Supreme Court judgment relied upon by the Applicant in the case of “Sukhvinder Singh (Supra) is distinguishable as Sukhvinder Singh was invalided out of service on medical grounds and was not granted any pensionary benefits, whereas in the present case, the Applicant was discharged from service on completion of terms of engagement and has been granted Service Pension for life.

13. In view of the aforesaid facts, we find that the OA is devoid of merit and, hence, is dismissed. Pending Miscellaneous Application(s), if any, also stand disposed off.

14. No Order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J) Ssy/-