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Punjab-Haryana High Court
Union Of India And Others vs Gurbachan Singh And Another on 24 December, 2025
Bench: Harsimran Singh Sethi, Vikas Suri
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
129 CWP-39253-2025
Date of Decision : 24.12.2025
Union of India and others ....Petitioners
Versus
Gurbachan Singh and another
....Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
HON'BLE MR. JUSTICE VIKAS SURI
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Present: Mr. Rohit Verma, Senior Panel Counsel
for the petitioners.
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Harsimran Singh Sethi, J. (Oral)
1. In the present petition, the challenge is to the impugned order
dated 02.11.2018 (Annexure P-1) passed by respondent No.2 - Armed Forces
Tribunal, Regional Bench, Chandigarh (hereinafter referred to as 'the
Tribunal), by which, respondent No.1 has been held entitled to benefit of
disability pension along with benefit of rounding off of disability pension
from 20% to 50% w.e.f. 01.07.2008 to life on the ground that the same is
perverse.
3. The only argument raised by learned counsel for the petitioners is
that the Tribunal has wrongly granted the benefit of rounding off the disability
pension from 20% to 50% to respondent No.1 by placing reliance upon the
judgment of the Hon'ble Supreme Court of India in Union of India and
others vs. Ram Avtar, 2014 SCC Online SC 1761, thus, the grant of benefit
of disability pension to respondent No.1 by rounding off 50% as against 20%
is incorrect and the facts of the present case have not been appreciated in
correct perspective by the Tribunal while passing the impugned order dated
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02.11.2018 (Annexure P-1).
4. We have heard learned counsel for the petitioners and have gone
through the case file with her able assistance.
5. Learned counsel for the petitioners has not been able to rebut that
the respondent No.1 was enrolled in the army on 08.06.1982 and was
discharged from service on 30.06.2008 under Army Rule 13(3) item iii(i) on
completion of service limit in Low Medical Category CEE (permanent), was
already held entitled for the grant of disability pension and was being paid
such keeping in view the disability suffered, which disability was attributable
to the physical stress and strain of military service, by the appropriate Medical
Board. The only grievance raised by the respondent is that his disability of
20% is to be rounded off to 50% keeping in view the settled principle of law
as well as the instructions issued on the said aspect.
6. It is a conceded position that as per the settled principle of law
settled by Hon'ble Supreme Court of India in Ram Avtar's case (supra), any
officer serving in the Armed Forces, who had undergone the medical
examination at the time of his/her selection and was found fit, subsequently
upon suffering a disability, is entitled to the benefit of disability pension by
rounding off the same as the presumption would be that the disability suffered
is attributable to the Military service. Relevant paras of the judgment in Ram
Avtar's case (supra), are as under:-
"4. By the present set of appeals the
appellant(s) raise the question, whether or not, an
individual, who has retired on attaining the age of
superannuation or on completion of his tenure of
engagement, if found to be suffering from some
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disability which is attributable to or aggravated by the
military service, is entitled to be granted the benefit of
rounding-off of disability pension. The appellant(s)
herein would contend that, on the basis of Circular No.
1(2)/97/D(Pen-C) issued by the Ministry of Defence,
Government of India, dated 31.01.2001, the aforesaid
benefit is made available only to an Armed Forces
Personnel who is invalidated out of service, and not to
any other category of Armed Forces Personnel
mentioned hereinabove.
5. We have heard learned counsel for the
parties to the lis.
6. We do not see any error in the impugned
judgment(s) and order(s) and therefore all the appeals
which pertain to the concept of rounding-off of the
disability pension are dismissed, with no order as to
costs.
7. The dismissal of these matters will be
taken note of by the High Courts as well as by the
Tribunals in granting appropriate relief to the
pensioners before them, if any, who are getting or are
entitled to the disability pension."
7. Further, in a recent judgment in Civil Appeal No.11311 of
2025 titled as Union of India and others vs. Reet MP Singh and another,
decided on 01.09.2025, the Hon'ble Supreme Court of India by placing
reliance upon Ram Avtar's case (supra), has again reiterated that the benefit
of rounding off the disability element cannot be denied.
8. Learned counsel for the petitioners has not been able to
dispute the said proposition of law having been settled by the Hon'ble
Supreme Court of India in Ram Avtar's case (supra) and Reet MP Singh's
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case (supra) to the effect that percentage of disability to be rounded off
and when applied in the present case disability of 20% to be rounded off to
50%.
9. Keeping in view the facts and circumstance of the present case
as well as the settled principle of law settled in Ram Avtar's case (supra)
as well as Reet MP Singh's case (supra), the respondent has rightly been
held to be entitled to disability pension by rounding off the disability
element from 20% to 50% w.e.f. 01.07.2008.
10. No other argument has been raised.
11. Hence, in the absence of any perversity being pointed out in
the impugned order dated 02.11.2018 (Annexure P-1) either on the basis of
the facts or the settled principle of law, no ground is made out for any
interference by this Court in the facts and circumstances of the present
case.
12. Accordingly, the writ petition is dismissed.
13. Pending application(s), if any, stands disposed of.
(HARSIMRAN SINGH SETHI)
JUDGE
(VIKAS SURI)
December 24, 2025 JUDGE
Varinder
Whether speaking/reasoned : Yes
Whether reportable : No
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