Armed Forces Tribunal

Ex Hony Nb Sub Khengara Ram Chaudhary vs UOI & Others on 22 July 2026

ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

1.

OA 173/2026 with MA 257/2026 & MA 258/2026

No 1055772N Hony Nb Sub Khengara Ram Chaudhary, s/o late Shri Jaga Ram, Resident of Village & Post Ghewara, Tehsil Tinwari, District Jodhpur, Rajasthan – 342 306

…. Applicant

Versus

1.

UOI, through the Secretary, Department of Ex-Servicemen Welfare (DESW), New Delhi – 110 011

2.

The PCDA (P), Prayagraj, UP – 211 014

3.

The OIC, Armoured Corps Records, Armoured Corps Centre &

School, Ahmednagar, Maharashtra – 414 002

…. Respondents

For Applicant

: Mr. Rameshwar Lal, Advocate

For Respondents

: Mr. Gajendra Sharma, Advocate

CORAM:

HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

22.07.2026 MA No 258/2026

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1. The Applicant has filed MA No 258/2026 for hearing of the case at Regional Bench, Jaipur, which is allowed taking into consideration the reasons advanced therein. OA No 173/2026 with MA No 257/2026

2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant rounding off benefits of his disability element from the existing 20% to 50%wef 01/8/1997 to 31/12/2015 with all consequential benefits with interest @12% per annum. He has also prayed for award of heavy costs on litigation.

2

3. This a fresh matter and, hence a reply from the Respondents is not on record. However, during the course of hearing, with the consent of both the parties, the matter is decided at the admission stage itself as the matter pertaining to grant of broadbandingbenefit of disability element is no longer res integra and has already been settled by the Hon’ble Apex court Judgment dated 12/2/2026 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 but stated that the facts stated in the OA would be verified while considering the prayer of the applicant.

4. In view of the foregoing and subject to due verification, we deem it appropriate to remit the case back 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.

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

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

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

cda/-

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