Armed Forces Tribunal
Ex Nk (TS) Pema Ram Chaudhary vs UOI & Others on 10 July 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
1.
OA 164/2026 with MA 246/2026 & MA 247/2026
No 14376888W Ex Nk (TS) Pema Ram Chaudhary, S/o Shri Bhika Ram, Resident of Village Buriaya Ki Basni, Post Lawera Khurd, Tehsil Boari, District Jodhpur, presently residing at House No B-03, Narsingh Vihar, Lal Sagar Road, Post BSF, District, Jodhpur, Rajasthan – 342 026
…. Applicant
Versus
1.
UOI, through the Secretary, Department of Ex-Servicemen Welfare (DESW), New Delhi – 110 011
2.
The PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014
3.
The OIC Records, Artillery Records, Nasik Road Camp, Nasik, Maharashtra – 422 102
…. Respondents
For Applicant
: Mr. Rameshwar Lal, 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
10.07.2026
1. The Applicant has filed MA No 247/2025 for hearing of the case at Regional Bench, Jaipur, which is allowed taking into consideration the reasons advanced therein.
OA No 164/2026 with MA No 246/2026
2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant benefit of broadbanding of Disability Element of Disability Pension of the applicant from the existing 20% to50% for the period 01/12/2000 to 31/12/2015 with all consequential benefits with interest @12% per annum. He has also prayed for award of heavy costs of litigation in favour of the applicant.
3. we have heard the counsels for the parties and perused the material placed on record.
4. As has been stated by the Applicant, the applicant was enrolled in the Army on 09/11/1983 and was discharged from service on 30/11/2000 in the rank of Naik on completion of his normal terms of engagement. He had rendered 17 years and 22 days of service. The applicant is also in receipt of disability pension @20% for life for the disability, “IDK (Internal Derangment of the Knee) (Rt) Knee”, which was assessed @20% for life and considered it as aggravated by military service, which was also rounded off to 50% wef 01/1/2016, vide SPARSH/PCDA (P) PPO No 232200006730.
5. Since the issue involved in this matter is for grant of rounding off benefits of disability element of disability pension and the issue is no longer res integra with the Judgment dated 12/2/2026 passed by the Hon’ble Apex Courtin 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. Therefore, with the consent of both the parties, we deem it appropriate to dispose off this OA at the admission stage itself in terms of ibid Judgment of the Hon’ble Apex Court.
6. In view of the foregoing and subject to verification of facts as stated in the OA, this OA is disposed off without a reply to be submitted by the Respondents and with the concurrence of counsel for the Respondents with a direction 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 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)
cda/-