Armed Forces Tribunal
Ex Nk Dayanand (Army) vs UOI & Others on 18 August 2025
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
22.
OA No 345/2019 with MA No 497/2019
No-2875600 Ex Nk Dayanand, S/o Shri Govind Ram, R/o VPO-Palota, Teh-Buhana, Distt-Jhunjhunu (Rajasthan)
…. Applicant
Versus
1.
Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi – 110011
2.
The PCDA (P), Draupadi Ghat, Allahabad (UP) - 211014
3.
OIC Records, The Rajputana Rifles
PIN-900106, C/o 56 APO
…. Respondents
For Applicant
: Mr. Yogendra Singh, Advocate
For Respondents
: Mr. Arun Kumar, 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
18.08.2025
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant Ex-Gratia and rounding off benefits of Disability Element of Disability Pension and that the arrears be paid along with interest @ 12%.
2. The brief facts as enunciated by the Applicant are that the Applicant was enrolled in the Army on 18.12.1979 and after serving for more than 16 years of service, he was invalided out of Service on 12.02.1996 on medical grounds. The Applicant submits that he suffered from the disability due to Service factors, therefore, his disability was considered as Attributable to Military Service and, accordingly, he has been granted Disability Pension for life. However, he has not been granted Ex-Gratia award and rounding off benefits of disability element of disability pension wef 01.01.1996. The Applicant made representations as also issued Legal Notice to the Respondents for grant of Ex- Gratia award along with Rounding Off benefits but to no avail. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents filed a detailed reply to the Application. While not disputing the basic facts represented by the Applicant, the Respondents have submitted that the Applicant has already been paid Disability Pension for life along with Rounding Off Benefits to 50% vide PPO dt 19.09.2005 and the fact has already been communicated to the Applicant vide Records The Rajputana Rifles letter dt 30.01.2013. On the issue of grant of Ex-Gratia, the Respondents have submitted that in terms of GoI, MoD letter No 2(2)/2011/D(Pen/Pol) dt 26.12.2011 and PCDA (P) Circular No 489 dt 26.12.2012, all service personnel who are invalided out of service on or after 01.04.2011 due to disabilities which are attributable to or aggravated by military service are eligible for grant of Ex-Gratia. However, in the present case, the Applicant was invalided out of service on 12.02.1996, ie., before the date of implementation of the policy. Therefore, the provisions of aforesaid letter dt 26.12.2011 are not applicable to the Applicant and he is not eligible for grant of Ex-Gratia award.
4. The relevant record and the GoI, MoD letter ibid have been perused. It is not in dispute that the Applicant was invalided out of service and has been granted disability element which is a condition for grant of Ex-Gratia as per this letter. However, there is an explicit provision in this letter dt 26.12.2011 itself that the Ex-Gratia Lump-sum-Compensation to such personnel would be sanctioned to all eligible defence personnel who are invalided out of service on or after 01.04.2011. Since, the Applicant was invalided out of service much before this cut-off date, he is clearly not eligible for payment of Ex-Gratia.
5. However, during the course of arguments, Learned Counsel for the Applicant prayed that the Respondents may be directed to once again consider his case in the light of Govt of India letter dt 26.12.2011, to which Learned Counsel for the Respondents raised no objection.
6. Accordingly, we direct the Respondents to re-consider the prayer of the Applicant in the light of provisions of GoI, MoD letter dt 26.12.2011 within a period of four months from the date of receipt of a certified copy of this Order and the outcome thereof shall be intimated to the Applicant.
7. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
8. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J) Ssy/-