Jagtar Singh vs Union of India on 16 October 2026

ORDER

JUSTICE SUDHIR MITTAL, MEMBER (J),

The applicant was in a Permanent Low Medical Category at the time of his discharge. Discharge was effected on 01.04.2005. Medical Category had been permanently downgraded on account of disability of ‘Tuberculosis’, the extent of which was assessed to be 20% for life and attributable to military service. Thus, he has been in receipt of disability element @ 20% w.e.f. 01.04.2005.

2. Vide communication dated 24.08.2019 (Annexure A-5), the applicant sought information under the Right to Information Act, 2005. He inter alia sought information regarding his claim for benefit of rounding off w.e.f. 01.04.2005 in view of judgment of the Hon’ble Supreme Court in CA No.418 of 2012 Union of India and Others Vs. Ram Avtar, decided on 10.12.2014.

3. In response, letter dated 25.01.2020 was issued informing the applicant that the Pension Disbursing Agency had been advised to carry out

OA 1507 of 2022

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revision of pension. Accordingly, he was advised to approach the concerned Pension Disbursing Agency.

4. Learned counsel for the applicant submits that the Pension Disbursing Agency has granted benefit of rounding off w.e.f. 01.01.2016, however, the applicant is entitled to the benefit of rounding off from 01.04.2005 in view of Ram Avtar (supra).

5. Learned counsel for the respondents submits that the applicant is not entitled to the benefit of rounding off w.e.f. 01.04.2005 as per Circular No.596, copy of which has been placed on record as Annexure R-7.

6. Circular No.596 relied upon by learned counsel for the respondents does not take into consideration judgment of the Hon’ble Supreme Court in Ram Avtar (supra). Thus, the submission made is rejected.

7. The Original Application is allowed. The applicant is held entitled to grant of benefit of disability element @ 20% rounded off to 50% w.e.f. 01.04.2005. Corrigendum PPO be issued within 03 months from the date of receipt of certified copy of this order by learned counsel for the respondents/OIC Legal Cell. Arrears be also paid within the same period, failing which they shall become payable with interest at the rate of 6% per annum.

(Lt Gen Ravendra Pal Singh (Retd)

(Justice Sudhir Mittal) Member (A)

Member (J)

16th Oct, 2026 RR

REPORTABLE OR NOT