[Cites 1, Cited by 0]
Punjab-Haryana High Court
Union Of India And Others vs No 3959708 W Ex Havildar Dharam Chand And ... on 9 March, 2026
Bench: Harsimran Singh Sethi, Vikas Suri
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision: 09.03.2026
116
CWP-6825-2026
UNION OF INDIA AND ORS
...Petitioners
Versus
EX SUB (HONY SUB MAJOR) PUSHPINDER KUMAR AND ANR
...Respondents
118
CWP-6872-2026
UNION OF INDIA AND ORS
...Petitioners
Versus
NO 3959708 W EX HAVILDAR DHARAM CHAND AND ANR
...Respondents
124
CWP-6945-2026
UNION OF INDIA AND ORS
...Petitioners
Versus
KISHAN LAL AND ANR
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
HON'BLE MR. JUSTICE VIKAS SURI
Present:- Mr. Shubham Thakur, Senior Panel Counsel,
for the petitioners in CWP-6825-2026.
Ms. Promila Nain, Senior Advocate; Senior Panel Counsel with
Mr. Angel Walia, Advocate, for the petitioners.
(in CWP-6872-2026).
Ms. Krishna Dayama, Senior Panel Counsel,
for the petitioners (in CWP-6945-2026). (through V.C.)
*****
HARSIMRAN SINGH SETHI, J. (ORAL)
1. By this order, we propose to dispose of aforementioned three
writ petitions i.e. CWP-6825-2026, CWP-6872-2026 and CWP-6945-2026
by a common order as the issue involved in these writ petitions is the same.
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CWP-6825-2026 & connected cases (2)
With the consent of learned counsel for the parties and for the sake of
convenience, facts are being taken from CWP-6825-2026.
2. In the present petition, the challenge is to the impugned order
dated 24.07.2024 (Annexure P-1) passed by the Armed Forces Tribunal,
Regional Bench, Chandigarh (hereinafter referred to as 'Tribunal'), by
which, respondent No.1 has been allowed the benefit by rounding off the
disability element from 30 % to 50 % w.e.f. 01.08.2015 to 31.12.2015.
3. The only argument raised by the learned counsel for the
petitioners is that respondent No.1 is not entitled to the benefit of rounding
off for the grant of disability pension from 30% to 50% thus, the grant of
benefit of disability pension to respondent @ 50% by placing reliance upon
the judgment of Hon'ble Supreme Court of India in Union of India and
others vs. Ram Avtar, 2014 SCC Online SC 1761, is incorrect and facts of
the present case have not been appreciated in its correct perspective by the
Tribunal while passing the impugned order dated 24.07.2024 (Annexure
P-1).
4. We have heard learned counsel for the petitioners and have
perused the case file with his able assistance.
5. It is a conceded fact that respondent No. 1 was found entitled
for disability pension qua the disability of primary hypertension suffered by
him while he was in service, which disability was held to be attributable to
military service as per the report of the Medical Board, qua which he was
being paid disability pension from 01.08.2015 @ 30%. The claim raised by
the respondent No.1 is only to round off the disability of 30% to 50% w.e.f.
01.08.2015 along with arrears, which benefit has been allowed by the
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CWP-6825-2026 & connected cases (3)
Tribunal.
5. As per the settled principle of law settled by Hon'ble Supreme
Court of India in Union of India and others vs. Ram Avtar, 2014 SCC
Online SC 1761, wherein it has been held that an Armed Forces personnel is
entitled to be granted the benefit of rounding off with regard to disability
pension, irrespective of the fact that he was invalidated out of service, or
retired on attaining the age of superannuation or on completion of his tenure
of his engagement, if found to be suffering from some disability which is
attributable or aggravated by 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 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
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CWP-6825-2026 & connected cases (4)
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."
6. The Hon'ble Supreme Court of India in recent judgment passed
in Civil Appeal No.11311 of 2025, decided on 01.09.2025 titled as Union of
India and others vs. Reet MP Singh and another, that the grant of benefit
of rounding off the disability as per Ram Avtar's case (supra) has again been
upheld, which fact has gone un-rebutted at the hands of the petitioners.
7. 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 case
(supra).
8. Keeping in view the settled principle of law settled in Ram
Avtar's case (supra) and Reet MP Singh's case (supra) as well as the facts
and circumstances of the present case, rounding off the disability of 30% to
50% w.e.f. 01.08.2015 is permissible.
9. No other argument has been raised.
10. Hence, in the absence of any perversity being pointed out in the
impugned orders dated 24.07.2024 (Annexure P-1) in CWP-6825-2026;
03.04.2024 (Annexure P-1) in CWP-6872-2026; and 08.12.2023 (Annexure
P-1) in CWP-6945-2026 passed by the learned Tribunal, 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.
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CWP-6825-2026 & connected cases (5)
11. Accordingly, the writ petitions are dismissed.
12. Photocopy of this order be placed on the files of connected
cases.
( HARSIMRAN SINGH SETHI )
JUDGE
( VIKAS SURI )
March 09, 2026 JUDGE
harish
Whether speaking/reasoned Yes
Whether reportable No
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