Ex Naik Booduram (Army) vs UOI & Others on 27 November 2025

O R D E R

27.11.2025

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondens to grant Broadbanding benefit of his disability element from 20% to 50% from the date of his release, ie, wef 01/10/2002 for life.

2. The Respondents have filed a detailed Reply Statement and have submitted that the applicant was enrolled in the Army on 10/9/1980 and was discharged from service on 30/9/2002 under Rule 13 (3) Item III (i) read in conjunction with Sub Rule 2 A on completion of his terms of engagement. He had rendered 22 years and 21 days of service and was granted service pension for the qualifying service. Since he was in low medical category, the RMB assessed the disability of the applicant, “Ankylosing Spondylosis”20% for life and considered it as aggravated by military service due to stress and strain of military service. However, he was granted disability element of disability pension @20% for two years wef 01/10/2002 to 26/4/2004 . Further RSMB held on 06/10/2003 at MH Jodhpur, wherein his disability was assessed @20% for life. Accordingly, the applicant was granted disability element of disability pension @20% for life wef

06/10/2003 for life vide PPO dated 16/3/2004. With regard to the prayer of the applicant for grant of rounding off benefits to 50%, the Respondents have submitted that in terms of Circular No 596 dated 09/2/2018, the applicant is entitled for rounding off benefits of his disability element wef 01/1/2016 and the Pension Disbursing Agencies handling disbursement of pension are authorised to pay the benefits of rounding off to the pensioners.

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

4. It is evident from the record that the applicant had rendered 22 years and 21 days of service before being discharged from service on 30/9/2002 in low medcial category. He was granted service pension for life. Since the applicant was in low medical category due to the disability,“Ankylosing Spondylosis”, the duly constituted RMB held on 27/7/2002 assessed the disability of the applicant @ 20% for life and considered it as aggravated by military service due to stress and strain of military service. However, he was granted disability element of disability pension @20% for two years wef 01/10/2002 to 26/4/2004. Further RSMB held on 06/10/2003 at MH Jodhpur, wherein his disability was assessed @20% for life and accordingly, the applicant was granted disability element of disability pension @20% for life.

5. In view of the foreogoing and since the Respondents have stated in their Reply Statement that the applicant is eligible for grant of broadbanding benefits of his disability element wef 01/1/2016 in terms of extant policy/regulations, the OA is disposed off with a direction to the Respondents to grant broadbanding benefit of disability element of disability pension from the existing 20% to 50% wef 01/1/2016 for life, if not already granted. In case the same has still not been granted, the benefit shall be granted within a period of three months from the date of receipt of a copy of this Order, failing which, interest @6% shall accrue on the whole amount till the date of its actual payment.

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

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

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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