Union Of India Through And Others v. No 16011906n Ex Nk Suresh Kumar

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CWP No.17928 of 2025 Date of Decision: 03.07.2025 Union of India and others

...Petitioners

Versus

No 16011906N Ex Nk Suresh Kumar and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present:- Mr. Ashish Chaudhary, Senior Panel Counsel, UOI for the petitioners.

***** SANJEEV PRAKASH SHARMA, J.(Oral) 1.

The challenge is to the order passed by the learned Armed Forces Tribunal dated 09.11.2023.

2.

Learned counsel submits that there was no occasion to round off the disability from 40% to 50%.

3.

The issue is no more res-integra in view of the judgment passed by the Hon'ble Apex Court in the case of Bijender Singh v. Union of India and others, 2025 SCC OnLine SC 895, which affirms the earlier judgment passed by the Hon'ble Supreme Court in the case of Union of India and others vs. Ram Avtar 2014 SCC Online SC 1761, wherein the Hon'ble Apex Court has approved the rounding off clause relating to grant of disability pension to 50% where the disability is less than 50%, 75%, where the disability is from 50% to 75% and 100% where the disability is more than 75%.

NEETU RANI 2025.07.11 15:25 I attest to the accuracy and authenticity of this order/judgment PHHC, CHD

CWP No.17928 of 2025 -24.

In view thereto, the order passed by the AFT rounding of the disability pension from 40% to 50% does not call for any interference. The writ petition is without merit and the same is dismissed. The impugned order shall now be implemented within a period of two months from today. 5.

Pending misc. application(s), if any, also stand disposed of. (SANJEEV PRAKASH SHARMA) JUDGE 03.07.2025 (MEENAKSHI I. MEHTA) neetu JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No NEETU RANI 2025.07.11 15:25 I attest to the accuracy and authenticity of this order/judgment PHHC, CHD