Union Of India And ORS v. Ex Sep Jarnail Singh And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-18786-2024 (O&M) Decided on : 13.11.2025 UNION OF INDIA AND ORS . .Petitioners

Versus

EX SEP JARNAIL SINGH AND ANR . . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI PRESENT: Ms. Neha Jain, Senior Panel Counsel for the petitioners-UOI.

Mr. Akash Kundu, Advocate for respondent No. 1. **** HARSIMRAN SINGH SETHI, J. (Oral) 1.

In the present petition, the challenge is to the impugned order dated 31.01.2019 (Annexure P-5) passed by respondent No.2-Armed Forces Tribunal, Regional Bench, Chandigarh, (for short, 'the Tribunal') by which, respondent No.1 has been allowed the benefit of disability pension alongwith the benefit of rounding off of the disability element @ 50% as against 20% for life.

2.

Learned counsel for the petitioners submits that though, respondent No. 1 was having of MEDICAL MENISCUS TEAR (RT) KNEE which was assessed @ 20% for life, by the medical board but since he was discharged from service on the administrative ground that he is undesirable soldier having awarded red ink entries in his service hence, the benefit of disability pension as has been granted by the Tribunal in favour of the respondent No. 1 is incorrect especially when he has been ousted from service being undesirable soldier.

3.

Learned counsel for the respondents submits that the same issue as has been raised in the present petition, has also been raised in CWP

CWP-18786-2024 (O&M) -2No. 29083 of 2025- titled as "Union of India and others versus Ex. Sep. Bias Dev Singh and another", alongwith connected case, decided on 26.09.2025, wherein after considering the settled principle of law, the findings have been recorded by this Court that the red ink entries credited to an army personnel cannot be treated as stigmatic or as a punishment so as to deny such army personnel the benefit of the disability pension once, the disability at the time of discharge was assessed @ 20 %. Relevant paragraphs of the said judgment are as under:-
  

 

 

 

    

      





 

 

  

 



 



     

 

 

 

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   1 4.

Learned counsel for the petitioners has not been able to dispute the aforesaid fact.

5.

Hence, keeping in view the facts and circumstances of the present case wherein the question of law raised has already been answered by this Court while passing the order in CWP No. 29083 of 2025- titled as "Union of India and others versus Ex. Sep. Bias Dev Singh and another", alongwith connected case, decided on 26.09.2025', hence, the present petition is also dismissed in the same terms and conditions as held in CWP No. 29083 of 2025- titled as "Union of India and others versus Ex. Sep. Bias Dev Singh and another", alongwith connected case, decided on 26.09.2025 6.

Pending application(s), if any, stands disposed of. (HARSIMRAN SINGH SETHI) JUDGE ( VIKAS SURI ) JUDGE 13.11.2025 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No