Armed Forces Tribunal
Smt Giarsi Devi wdo Late Hav Bakhtawar Singh (Army) vs UOI & Others on 30 July 2025
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
11.
**OA No 16/2019 with MA No 18/2019**
Smt Giarsi Devi, widow of Army No 13862818Y late Hav Bakhtawar Singh, Resident of Village and Post Lala Mandi (Rambas), Tehsil Buhana, District Jhunjhunu, Rajasthan – 333 034
...Applicant
Versus
1. 1. UOI, through the Secretary, Ministry of Defence, South Block, New Delhi – 110 011
2. 2. The PCDA (P), Draupaid Ghat, Prayagraj, UP – 211 014
3. 3. The OIC Records, Artillery Record, Nasik Road Camp, Nasik, Maharashtra
4. 4. The Manager, State Bank of India, Khetri, District Jhunjhunu, Rajasthan
5. 5. The Manager, CPPC, SBI, Chaura Rasta, Jaipur
.... Respondents
For Applicant
For Respondents
: Mr Yogendra Singh, Advocate
: Mr Abhishek Singh, Advocate
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER
30.07.2025**
1. 1. Counsel for the applicant has filed MA No 18/2019 for condonation of delay in filing the OA. Taking into consideration the reasons advanced therein to be genuine, delay involved in filing the OA is condoned and the MA is disposed off accordingly.
**OA No 16/2019**
1. 2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant Life Time Arrears of 
rounding off benefits of the disability element of her late husband wef 01/1/1996 to 11/11/2014 and medical allowance as applicable to the applicant.
3. Brief facts of the case as enunciated by the applicant are that the late husband of the applicant was enrolled in the army on 21/8/1971 and was discharged from service on 31/12/1991 after rendering more than 20 years service. The disability of the applicant, "Asthmatic Bronchitis" was considered as attributable to military service and assessed @20%. He was in receipt of disability element till his death on 11/11/2014. However, he was not granted the benefit of rounding off of his disability element to 50% as admissible.
भयंभयं भयं
4. Vide Reply Statement, the Respondents have submitted that the late husband of the applicant was discharged from service on 31/12/1991 due to his being placed in low medical category lower than AYE and not meeting the prescribed military standards as per Item III (v) of Table annexed to Rule 13 (3) of the Army Rules 1954. The RMB assessed the disability of the applicant, "Asthmatic Bronchitis" @ 40% for five years. While he was granted service pension for the qualifying service, disability element of disability pension was granted @30% wef the date of his discharge from service till 6/8/1996 and based on subsequent RSMBs held on 18/3/1997 and 28/11/2001, husband of the applicant was granted disability element @20% wef 07/8/1996 to 17/3/2002 which was extended for life wef 18/3/2002. Respondents have further submitted that since husband of the applicant was discharged from service on medical grounds he is eligible for grant of rounding off benefits of disability element wef 01/1/1996 in accordance with Govt of India, Ministry of Defence letter dated 31/1/2001 until his demise on 11/11/2014. Vide letter dated 23/1/2019, the applicant has already been instructed by the Record Office to forward necessary documents to enable them to process her claim for grant of the same by issuing a Corrigendum PPO.
5. During the course of hearing held today, Counsel for the Applicant has categorically stated that he has already submitted requisite documents to Record Office as advised by them for processing the claim for grant of lifetime arrears of rounding off benefits of the disability element of her late husband. However, the Counsel for the applicant submitted that the Records Office was yet to receive the required documents.
6. In view of the foregoing, we direct the Respondents to grant rounding off of disability element of disability pension of late husband of the applicant from the existing 20% to 50% wef 01/1/1996 till his demise on 11/11/2014 within a period of four months from the date of receipt of requisite documents from the applicant, which should be submitted by the applicant to the Record Office within a period of four weeks from the date of receipt of a copy of this Order, failing which the applicant shall be entitled to receive interest @6% pa till the actual date of its payment. However, since the OA has been filed after a hiatus of 23 years and that too five years after the death of the husband of the applicant, the payment of arrears on account of rounding off benefit be restricted to a period of three years prior to the death of the applicant's husband as ordained by the Hon'ble Apex Court in the case of UOI & Ors Vs Tarsem Singh, 2008 (8) SCC 648.
7. The OA is disposed off accordingly. No order on costs.
8. Pending Application, if any, also stands disposed off.
(SANJIV MITTAL) MEMBER (A)
(GOVERDHAN BARDHAR) MEMBER (J)
cda/-