Abhay Singh vs Union of India on 23 October 2026

ORDER

JUSTICE SUDHIR MITTAL, MEMBER (JUDICIAL)

The applicant was discharged on 30.04.2004 after rendering service of 23 years, 07 months and 06 days. At the time of his discharge, he was in a permanent low medical category on account of disability of ‘Bronchial Asthma’, the extent of which was assessed to be 20% for life and attributable to military service. Thus, in addition to service element, the applicant was granted disability element as well.

2. Vide representation dated 30.05.2021, the applicant sought benefit of rounding off with effect from the day following his date of discharge. The same was rejected vide letter dated 22.12.2021 on the ground that he had not been invalided from service. Thus, the present Original Application has been filed.

3. Learned counsel for the applicant has relied upon of judgment dated 10.12.2014 of the Hon’ble Supreme Court passed in Civil Appeal No. 418 of 2012 Union of India & Others Vs. Ram Avtar, to submit that the benefit of rounding off could not have been denied to the applicant merely because he had not been invalided from service.

OA 137 of 2022 Abhay Singh Vs. UOI & Ors. …2/-

4. Learned counsel for the respondents has no answer to the law settled by Ram Avtar (supra).

5. Thus, the Original Application is allowed. The applicant is held entitled to grant of benefit of rounding off w.e.f. 01.05.2004 till 31.12.2015. Corrigendum Pension Payment Order be issued within a period of three months from the date of receipt of certified copy of this order by the learned counsel for respondents/OIC Legal Cell. Arrears be also paid within the same period failing which they shall become payable with interest @ 6% per annum.

(Lt Gen (Dr) Ranbir Singh)

(Justice Sudhir Mittal) Member (A)

Member (J)

23rd Oct, 2026 ‘b’ REPORTABLE : NO