Union Of India And Others vs Ex. Nik Jagdish Raj
2026 Latest Caselaw 792 J&K

Jammu & Kashmir High Court

Union Of India And Others vs Ex. Nik Jagdish Raj on 16 February, 2026

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                         Sr. No. 02



          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU

                            WP(C) No. 299/2026
                                             Date of Pronouncement: 16.02.2026
                                                 Date of Uploading: 18.02.2026.


Union of India and others                               .....Applicant(s)/Petitioner(s)

                                  Through :- Mr. Vikas Sharma, Sr. Panel Counsel

                            v/s
Ex. Nik Jagdish Raj                                                .....Respondent(s)

                                  Through :- Mr. B.S Sarmal, Advocate
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
       HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE

                                  ORDER(ORAL)

SANJEEV KUMAR J

1. Impugned in this petition, filed by the Union of India under Article

226 of the Constitution of India, is an order and judgment dated

25.07.2025 passed by the Armed Forces Tribunal, Regional Bench

Srinagar at Jammu ["the Tribunal"] in OA No. 107/2023 titled "Ex

Nk Jagdish Raj Vs. Union of India and others", whereby the

Tribunal has allowed the OA of the respondent and held him entitled

to the grant of disability element of pension @ 20%, rounded off to

50%, w.e.f 01.01.1996, along with interest @ 6% per annum.

2. The impugned judgment is assailed by the Union of India only on the

ground, that, in view of the law laid down by the Hon'ble Supreme

Court in the recent judgment titled "Union of India and others Vs.

SGT Girish Kumar and others", 2026 INSC 149, the respondent

having retired on superannuation on 31.01.1991 and discharged on

his own request shall be entitled to the benefit of rounding off w.e.f.

01.01.2006.

3. Learned counsel appearing for the respondent does not dispute the

legal position.

4. In view of the aforesaid, the judgment passed by the Tribunal is

modified only to the extent that the respondent would be entitled to

the grant of disability element @ 20% rounded off to 50% w.e.f

01.01.2006 instead of 01.01.1996. Rest of the order shall, however,

remain intact.

5. The petition is, allowed to the aforesaid extent and, is, accordingly

disposed of.

                                 (Sanjay Parihar)            (Sanjeev Kumar)
                                    Judge                         Judge




JAMMU
16.02.2026
Rahul Sharma