Dismissed

Union of India Th. Secretary to Govt.,Ministry of Defence and Others v. Chain Singh

J&K HC14 Sept 2026WP(C)/2006/2024

Case brief

AI extract

What is this about?

A division bench held that since the issue raised was squarely covered by a recent Division Bench judgment dictating that discharge in a lower medical category without alternative employment deems service invalidation for disability pension, there was no merit. The petition was dismissed.

What did the court decide?

Petition dismissed; respondents directed to expedite implementation of the judgment.

Union of India Th. Secretary to Govt.,Ministry… — Pension and Retirement Benefits | J&K HC (2026)

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Serial No. 35

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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WP(C) No. 2006/2024

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Date of pronouncement: 14.09.2026 Date of uploading: 14.09.2026

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Union of India through its Secretary to Govt. of India, Minsitry of Defence, South Block, New Delhi110011.

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…..Appellant(s)/Petitioner(s)

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Additional Director General Personnel Services, Adjutant General’s Branch, Integrated HQ of Ministry of Defence (Army), DHQ PO, New Delhi-110001.

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Principal Controller of Defence Accounts (Pensions), Draupadi Ghat, Allahabad, Uttar Pradesh-211014.

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OIC Records, JAK Li Records, Pin – 911097, C/o 56 APO.

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Through: Mr. Vishal Sharma, DSGI with Mr. Karan Sharma, CGSC

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No. 9089778Y Ex Nk Chain Singh, S/o Shri Jankar Singh, R/o Village: Chandan Vihar (Lower Roopnagar), PO: Muthi, Tehsil: Jammu, District: Jammu.

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.…. Respondent(s)

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Through: Mr. Amit Singh, Advocate

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Mr. Chakshu Sharma, Advocate (th. VC)

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CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE

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ORDER (ORAL) 14.09.2026

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Sanjeev Kumar-J

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Learned counsel appearing for the parties very fairly conceded that the issue raised in this petition is squarely covered by a Division Bench judgment of this Court dated 27.11.2025 passed in WP(C) No.

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2 WP(C) No. 2006/2024

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1294/2024 titled “Union of India and others vs. Balwant Singh” [2025:JKLHC-JMU:3933-DB], wherein this Court, having placed reliance upon regulation No. 95 of the Pension Regulations for the Army Part-I, 2008, has held that where an individual, while he was on extended period of service, is discharged in a lower medical category, permanently and that there is no alternative suitable employment in his grade or a category available to be offered to him, he shall be deemed to have been invalided from service. The law laid down by the Hon’ble Supreme Court in “Sukhvinder Singh vs Union of India & Ors.” , 2014(4) S.C.T. 163 would apply and the disability shall be deemed to be a minimum of 20%, entitling the individual to the disability element of the pension.

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