Ex Hav Ram Niwas (Army) vs UOI & Others on 18 August 2025

**O R D E R

18.08.2025**

1. 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 rounding off of disability element to the applicant wef 01/9/2008 for life.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 06/8/1984 and was discharged from service on 31/8/2008 after serving for more than 24 years of service in the rank of Havildar. Since the applicant was in low medical category and his disability was assessed @20% for life and he was granted disability element of disability pension. However, he was not granted the benefit of rounding off of his disability element. Having been aggrieved, the applicant has filed this OA, praying for relief.

3. The Respondents vide their Reply Statement have submitted that the applicant was discharged from service on 31/8/2008 on fulfilling the conditions of his enrolment under Rule 13 (3) Item III (i) of Army Rules 1954. Apart from service pension for the qualifying service, he was granted all other terminal benefits as admissible. The applicant was in low medical category at the time of his discharge and the RMB assessed the disability of the applicant, "PAN Facial Injury Fracture Maxilla Zygoma and Mandible (Optd)" @ 20% for life and considered it as neither attributable to nor aggravated by service. His claim for disability element of pension was rejected. Based on the First Appeal submitted by the applicant, the competent authority accepted the disability of the applicant as attributable to military service @20% for life and he was accordingly granted disability element of disability pension @20% wef 01/9/2008 for life vide PPO dated 27/5/2011. The Respondents further submit that in terms of Govt of India, Ministry of Defence letter dated 23/1/2018, instructions have been passed that the armed forces personnel who were retired/discharged voluntarily or otherwise with disability and were in receipt of disability/war injury element as on 31/12/2015, the disability element shall be re-computed in the manner stated therein before applying the multiplication factor of 2.57 on existing disability/war injury element to arrive at the revised disability element as on 01/1/2016. Further, PCDA (P) vide their Circular-No-596 of 09/2/2018 has issued instructions for implementation of ibid provisions of MoD letter dated 23/1/2018 by authorising all the PDAs to pay the benefit to defence pensioners the benefit of rounding off of disability/war injury and additional pension without any further authorisation from the concerned Pension Sanctioning Authorities. In view of the above policy, since the applicant is in receipt of disability element as on 31/12/2015, he is entitled for rounding off benefits wef 01/1/2016 only. As such, the applicant is advised to approach his PDA for computation of his disability element wef 01/1/2016 as applicable. In view of this and since the concerned PDAs are authorised to pay the benefit of rounding off of disability element of disability pension to the eligible defence pensioners, the applicant be advised to approach his PDA for the relief sought in the OA, the Respondents have prayed that the Hon'ble AFT may graciously be pleased to dismiss the OA in the first hearing itself in the organisational interest with further directions to the applicant to approach his PDA for getting the relief.

4. We have heard the counsels for the parties and perused the material placed on record.

5. From perusal of record it is evident that the applicant was discharged from service on 31/8/2008 on fulfilling the conditions of his enrolment under Rule 13 (3) Item III (i) of Army Rules 1954. He had rendered 24 years and 25 days of service for which he was granted service pension for life apart from all other admissible terminal benefits. The RMB assessed the disability of the applicant, "PAN Facial Injury Fracture Maxilla Zygorhina and Mandible (Optd)" @ 20% for life and considered it as neither attributable to nor aggravated by service and accordingly, he was not granted disability element of disability pension. However, based on the First Appeal submitted by the applicant against rejection of his claim, the competent authority accepted the disability of the applicant as attributable to military service @20% for life and he was granted disability element of disability pension @20% wef 01/9/2008 for life vide PPO dated 27/5/2011. The Respondents have conceded that in terms of extant policy, the applicant is eligible for grant of rounding off of his disability element of disability pension wef 01/1/2016 for which PCDA (P) has authorised the PDAs to grant the benefits to all the eligible individuals without waiting for any formal sanction.

6. In view of the foregoing, the OA is disposed off with a direction to the PDA concerned/SPARSH PCDA (P), to grant benefit of rounding off of disability element of disability pension to the applicant from 20% to 50% as admissible 

wef 01/1/2016, if not already granted.

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

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


**(SANJIV MITTAL)** **MEMBER (A)**


सत्यमेव जयते


**(GOVERDHAN BARDHAR)** **MEMBER (J)**

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