Jammu & Kashmir High Court
Union Of India & Ors vs Onkar Singh on 13 August, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
2025:JKLHC-JMU:2318-DB
Sr. No. 03
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP( C) No. 1292/2024
CM No. 3261/2024
Union Of India & Ors. .... Petitioner(s)
Through:- Mr. Vikas Sharma, Sr. Panel Counsel.
V/s
Onkar Singh .....Respondent(s)
Through:- Mr. S.K. Saini, Advocate.
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER(ORAL)
13.08.2025
1. This is a petition under Article 226 of the Constitution of
India filed by the Union of India and three others, challenging the order
and judgment dated 20.03.2023 passed by the Armed Forces Tribunal,
Regional Bench, Srinagar at Jammu (for short, 'the Tribunal') in TA No.
189/2016 titled, "Onkar Singh Vs. Union of India and ors.", whereby the
Tribunal has partially allowed the petition of the respondent and held him
entitled to the benefit of rounding off of disability element from 80% for
life to 100% for life with effect from three years prior to the filing of the
TA. The other reliefs, i.e., AGI cover and ex-gratia claimed by the
respondent have been declined.
2. Having heard learned counsel for the parties and perused the
material on record, the only question that arises for determination in this
petition is whether the benefit of rounding off of the percentage of
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disability is available to an Army personnel, who suffered permanent
disability attributable to or aggravated by the army service during his
service, but was discharged on completion of his term, i.e., on normal
superannuation? The Tribunal has held in favour of the respondent. There
is no dispute with regard to the fact that at the time of discharge of the
respondent from service, i.e., 29.02.2012, the respondent was found to
have incurred disability @ 80% for life, as attributable to military service.
This is apparent from the opinion of the Release Medical Board held at
Military Hospital, Bareilly on 23.02.2012.
3. As per the Circular of the Government of India, Ministry of
Defence dated 31.01.2001, the disability suffered by the respondent was
required to be rounded off upto 100%, but the same was not done by the
petitioners on the ground that he was not invalidated out of service
because of his disability, but was discharged upon completion of his term
of appointment. The Tribunal, while rightly addressing the issue and
relying upon the judgment of the Hon'ble Supreme Court in the case of,
"Union of India and ors. Vs. Ram Avtar and ors." (Civil Appeal No. 418
of 2012) decided on 10.12.2014, has come to the conclusion that even the
Army Personnel, who has been discharged from service on completing his
term but was found to have suffered disability attributable to or
aggravated by military service, is also entitled to the benefit of the
Circular issued in the year 2001.
4. We concur with the view taken by the Tribunal. The legal
position appears to have been settled by the Hon'ble Supreme Court while
dismissing the case of Ram Avtar (supra) and upholding the decision of
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the Armed Forces Tribunal, Chandigarh. We find no reason or
justification to take a view contrary to the one taken by the Tribunal, more
particularly, when the legal position has already been settled by the
Hon'ble Supreme Court in Ram Avtar's case (supra).
5. For the foregoing reasons, we find no merit in this petition.
The same is, accordingly, dismissed alongwith connected applications.
(Sanjay Parihar) (Sanjeev Kumar)
Judge Judge
JAMMU
13.08.2025
Ram Krishan
