Rounding of Disability Pension by AFT Tribunal

Last Updated on May 28, 2020 by Satish Mishra

This is a case judgment on the topic of rounding of Disability Pension by AFT Tribunal Regional bench Lucknow where the disease was attributable to military service.  This post tells broad banding of disability/war injury element of pension with effect from 1.1.1996 irrespective of restriction of arrears upto 3 years or they retire post/pre 1996. Thus, disability component was rounded off from 30% to 50%.

The judgment relied is Ex Sgt Girish Kumar vs. Union of India & Ors. Rest for case specific advice on topic of broad banding of disability war injury pension one may contact best/top/expert AFT Chandigarh Chandimandir Bench Advocate Lawyer in Punjab Haryana Panchkula Mohali Zirakpur Baltana Derabassi etc.

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Now, lets read the Judgment:

Bharat Prasad Guptav. UOI & others

In the case of hon’ble Air Marshal BBP Sinha vs UOI and others, the appellant filed for rounding off the disability pension of the applicant @30% to 50% along with 12% interest of the arrear from the date of discharge and to decide the Representation dated 11.10.2017 in light of Hon’ble Apex Court judgments and Government of India which was dated 31.01.2001.

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The appellant had joined Indian Army on 25.04.1987 and was discharged from service on 30.04.2011 under Army Rule 13 (3) III (iii) of 1954 on completion of service of 24 years and 6 days. From the medical reports it was proved that the appellant suffered from PRIMARY HYPERTENSION which was caused due to his service given to the Indian Army during his course of job. The release Medical Board assessed the cost @30% of his life which was to be reimbursed by military services but this was not rounded off. Moreover the aggrieved party requested for an Original Application in lieu with the applicant preferred a representation dated 11.10.2017 which is said to be undecided till date. Per contra, the respondents assessed that the 7^th C.P.C policy was implemented which is for grant of benefit of broad-banding of disability element has been revised vide Ministry of Defense letter No 17 (2)/2016-D (Pen/pol) dated 04 Sep 2017.

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It was also contended that the effective rounding off being prospective is from 01.01.2016 and so the personnel should be benefitted from the broad banding of pension policy from 01.01.2016 from 30% to 50% and not from the date of discharge. It was also argued that applicant was heard and had also persuaded material facts which were of the importance to the case. Furthermore, the respondent emulated that the issue of rounding off was res integra and were of the opinion that the case is squarely covered by the decision of K.J.S. Buttar vs. Union of India and Others, reported in (2011) 11 SCC 429 and Review Petition (C) No. 2688 of 2013 in Civil appeal No. 5591/2006, U.O.I. & Anr vs. K.J.S.Buttar and Union of India vs. Ram Avtar & Others, (Civil) Appeal No. 418 of 2012 decided on 10 December, 2014.

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The apex Bench of Armed Forces Tribunal, Principal Bench, New Delhi in O.A. No. 1439 of 2016, Ex Sgt Girish Kumar vs. Union of India & Ors relying upon the decision of Hon’ble supreme Court in the case of Davinder Singh vs. Union of India & Ors (C.A. No. 9946 of 2016) pronounced on 20.09.2016 has held that the benefit of broad banding of disability/war injury element of pension will be with effect from 01.01.1996. The relevant portion of the Full Bench decision in the case of Ex Sgt Girish Kumar (supra) is reproduced as under :-

“55. After having fully discussed the issue involved before us and to set the controversy at rest vis-à-vis arrears of broad banding of the disability/war injury element of disability pension on the ground of delay in filing application(s) by the individual/applicant(s), we conclude grant of arrears of broad banding of disability pension, stands answered in the fact that all applicants will be entitled to broad banding of disability/war injury element of pension with effect from 01.01.1996, irrespective of whether they retired pre-1996 or post-1996 without any restriction of arrears of three years.”

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In view with the above the Original Application deserves to be allowed. Accordingly the O.A. is allowed. In the facts and circumstances of the case, the disability of the applicant was rounded off from 30% to 50% for life from the date ofdischarge i.e. 30.04.2011. The respondents were further directed to give effect to this order within a period of four months from the date of receipt of a certified copy of this order. It was held that if in case the respondents fail to give effect to this order within the stipulated time, they will have to pay interest @9% on the amount accrued from due date till the date of actual payment.

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This post is written by Jashanpreet Kaur.

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