Armed Forces Tribunal
Ex Nk Bilu Ram vs UOI & Others on 7 May 2026
OA No 66/2025 Ex Nk Bilu Ram Vs UOI & Ors ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
23.
OA No 66/2025 with MA No 94/2025
No-14322148P Ex Nk Bilu Ram, S/o Shri Sodan, R/o Ward No 8, Moi Sadda, Moi Purani, Jhunjhunu (Raj)
…. Applicant
Versus
1.
Union of India, through Secretary, Ministry of Defence, Govt of India, DHQ Post,New Delhi-110011
2.
OIC Records, Artillery, Nasik Road Camp
(Maharashtra) - 422102
3.
PCDA (P), Draupadi Ghat, Allahabad (UP)-211014
…. Respondents
For Applicant
: Mr. DR Choudhary, Advocate, Proxy for
Ms. Anjali Minocha, Advocate
For Respondents
: Mr. Anil Bhardwaj, 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
07.05.2026
1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for Rounding Off benefit of Disability Element of Disability Pensionfrom 40% to 75%along with consequential benefits.
2. Brief facts of the case as enunciated by the Applicant are that after rendering more than 16 years of service, he was discharged from Service wef28.12.1991on medical grounds for which he has been granted Service Pension for life. At the time of discharge from service, his disability “Leprosy Indeterminate” was assessed @ 40% for life and considered as Attributable to Military Servicefor which he has been granted Disability Element of Disability Pension @ 40%, however, Rounding Off benefits of the disability element of disability pension from 40% to 75% has not been granted to the Applicant. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents have filed a detailed reply to the Application and have submitted that the Applicant was invalided out of Service on medical grounds on
OA No 66/2025 Ex Nk Bilu Ram Vs UOI & Ors 27.12.1991 under Rule 13(3) III (iii) of Army Rules, 1954 due to disability “Leprosy Indeterminate”. The duly constituted Invaliding Medical Board assessed his disability initially @ 40% for two years which was reviewed from time to time and was finally assessed @ 30% for life wef 09.02.2011. However, the same was re-assessed @ 20% for life by MA (P) at PCDA (P) and, accordingly, the Applicant has been granted Disability Element of Disability Pension duly rounded off to 50% wef 01.01.1996. There is no provision for grant of Rounding Off benefit to 75% to the Applicant. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.
4. We have heard Counsels for both the parties and perused the record.
5. Perusal of record reveals that the Applicant’s disability was never assessed @ 50% or above. In the Invaliding Medical Board, his disability was initially assessed @ 40% for two years which was reviewed from time to time and finally the disability was assessed @ 30% for life wef 09.02.2011. Though, the disability of the Applicant was reduced to 20% for life by the MA (P) at PCDA (P), however, he has been granted Rounding Off benefit to 50% wef 01.01.1996 in terms of Govt of India letter dt 31.01.2001. Since the Applicant’s disability was never assessed @ 50% or above, he cannot be granted Rounding Off benefit to 75%. Therefore, we are of the considered view that the OA has no merit and the disability element granted to the Applicant cannot be rounded off to 75%.
6. The OA is,hence, devoid of merit andis dismissed.Pending Miscellaneous Application(s), if any, also stand disposed off.
7. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-