Armed Forces Tribunal
Smt Sodara Bai wdo Late Ex NK Bhanwar Lal (Army) vs UOI & Others on 16 September 2025
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
19.
**OA No 11/2016 with MA No 72/2016**
Smt Sodara Bai, Wd/o No-13837666 Late Ex Nk Bhanwar Lal, R/o Vill-Karwalia, Post-Motpur, Distt-Kota (Raj) .... Applicant
Versus
1. 1. The Union of India, through the Secretary to the Govt of India, Ministry of Defence, New Delhi-110011
2. 2. The PCDA (P), Draupadi Ghat, Allahabad (UP)
3. 3. The OIC, ASC Records (S), Bangalore-560007
4. 4. The Branch Manager, State Bank of India, AD Branch, Atru, Kota (Raj) .... Respondents For Applicant : Mr. RS Bhadauria, Advocate For Respondents : Mr. Pradeep Mathur, Advocate
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**
**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER**
**16.09.2025**
सत्यमेव जयते
1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Original Applicant has prayed for Rounding Off Benefit of Disability Element of Disability Pension to 75% wef 16.09.1991 and that the arrears be paid along with interest @ 12% per annum. During the pendency of the OA, the Original Applicant, Ex Nk Bhanwar Lal died on 23.02.2016 and the Applicant, Smt Sodara Bai is taken on record as Legal Heir vide this Tribunal Order dt 10.05.2023.
2. Brief facts of the case as enunciated by the Original Applicant are that after rendering more than 18 years of service, he was invalidated out from Service on 10.10.1989 on medical grounds for which he was granted Disability Pension based on the assessment of Invaliding Medical Board and subsequent Re-Survey Medical Boards. In terms of Govt of India letter No 1(2)/97/D(Pen-C) dt 31.01.2001, the Applicant was eligible for Rounding Off Benefits of Disability Element of Disability Pension wef 01.01.1996, however, the Respondents have OA No 11/2016 Smt Sodara Bai Vs UOI & Ors not paid the same to the Original Applicant. The Original Applicant made representations as also issued Legal Notice for grant of Rounding Off Benefit of Disability Element of Disability Pension to 75% but to no avail. Therefore, the Original Applicant has filed the present OA.
3. The Respondents filed a detailed reply to the Application and while not contesting the basic facts presented by the Original Applicant, the Respondents have submitted that he was eligible for grant of Rounding Off benefits of Disability Element of Disability Pension in terms of Govt of India letter dt 31.01.2001. In reply to the Legal Notice issued by the Original Applicant, ASC Records (South) vide their letter dt 15.01.2016 had intimated the Original Applicant that he was eligible for the Rounding Off Benefits to 75% wef 01.01.1996 and sent necessary documents to him with directions to return the same duly completed by his pension paying office / bank branch to enable them to process the claim for rounding off benefits to 50% but he has failed to submit the required documents. He was again advised to submit the required documents vide letter dt 09.03.2016 but he did not submit the required documents to Records Office. Instead of submitting the required documents, he filed present OA which is misconceived and liable to be dismissed.
4. We have heard Learned Counsels for both the parties and perused the records. It is not in dispute that the Applicant is eligible for grant of Rounding Off Benefit of disability element of disability pension to 75% wef 01.01.1996 as his disability has been assessed @70% for life.
5. Taking into consideration overall facts and circumstances of the case and also the fact that the Applicant has not yet submitted the requisite documents as requested by the ASC Records to the Respondents to enable them to process the case for grant of rounding off benefits, we direct that if the Applicant submits the required documents to the Respondents within a period of one month from the date of receipt of a certified copy of this Order, the Respondents shall grant rounding off benefits of disability element of disability pension to 75% wef 01.01.1996 within a period of four months thereafter.
6. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
7. No order on costs.
(SANJIV MITTAL) MEMBER (A)
Ssy/-
(GOVERDHAN BARDHAR) MEMBER (J)
सत्यमेव जयते
