Dismissed¶¶24

Union of India and Ors. v. Ex Subedar Chander Bhan and Anr.

Punjab & Haryana HC10 Jul 2025CWP/16890/2025

Case brief

AI extract

What is this about?

Disability pension; rounding off of disability element from 35% to 50%; Armed Forces Tribunal order dated 28.07.2022 upheld; Punjab and Haryana High Court, CWP-16890 of 2025, decided 10.07.2025; Union of India and others v. JC-421887M Ex Subedar Chander Bhan and another; relies on Bijender Singh v. Union of India and others, 2025 SCC OnLine SC 895, affirming Union of India and others vs. Ram Avtar, 2014 SCC Online SC 1761; writ petition dismissed; implementation within two months; misc. applications disposed of.

What did the court decide?

None to the petitioners; the impugned AFT order dated 28.07.2022 stands and is to be implemented within a period of two months from the date of the order; all pending miscellaneous applications stand disposed of. ¶¶24

Union of India and Ors. Vs Ex Subedar Chander Bhan and Anr. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶24

Issue for consideration

Whether the order of the Armed Forces Tribunal rounding off the disability element from 35% to 50% in fixing the respondent's disability pension calls for interference.

¶¶17

Ratio / Principle

The question of rounding off disability pension is no longer res-integra: it stands settled by the Hon'ble Apex Court in Bijender Singh v. Union of India and others (2025 SCC OnLine SC 895), which affirms the earlier Supreme Court judgment in Union of India and others vs. Ram Avtar (2014 SCC Online SC 1761).

¶¶18

Key takeaways

As approved by the Hon'ble Apex Court in Ram Avtar (affirmed in Bijender Singh), the rounding off clause grants disability pension rounded off to 50% where the disability is less than 50%, to 75% where the disability is from 50% to 75%, and to 100% where the disability is more than 75%.ratio¶¶19
The order passed by the AFT rounding off the disability pension from 35% to 50% does not call for any interference; the writ petition is without merit and is dismissed.ratio¶¶24

Detailed headnote1 paragraphs

Writ petition by the Union of India challenging the Armed Forces Tribunal order dated 28.07.2022 whereby the disability element of JC-421887M Ex Subedar Chander Bhan's disability pension was rounded off from 35% to 50%. Held (oral, Sanjeev Prakash Sharma, J.; Meenakshi I. Mehta, J. on the Bench): the issue is no longer res-integra, being settled by the Apex Court in Bijender Singh v. Union of India and others, 2025 SCC OnLine SC 895, which affirms Union of India and others vs. Ram Avtar, 2014 SCC Online SC 1761, approving rounding off of the disability element to 50% where disability is below 50%, 75% where it is 50% to 75%, and 100% where above 75%. The AFT order called for no interference; the writ petition was dismissed as without merit, the impugned order was directed to be implemented within two months, and pending miscellaneous applications were disposed of.

¶1

CWP-16890 of 2025

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

120

¶5

CWP-16890 of 2025 DATE OF DECISION :-10.07.2025

¶6

Union of India and others

¶7

...Petitioners

¶8

Versus

¶9

JC-421887M Ex Subedar Chander Bhan and another

¶10

...Respondents

¶11

CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

¶12

Present :- Ms. Sonia Sharma, Senior Panel Counsel for UOI for the petitioners.

¶13

(Through Video Conferencing)

¶14

¶15

SANJEEV PRAKASH SHARMA, J. (ORAL)

¶16

The challenge is to the order passed by the learned Armed Forces Tribunal dated 28.07.2022.

¶17

Learned counsel submits that there was no occasion to round off the disability from 35% to 50%.

¶18

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

¶19

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

¶20

PARVINDER SINGH 2025.07.14 12:06 I attest to the accuracy and authenticity of this order/judgment

¶21

CWP-16890 of 2025

¶22

¶23

the disability is from 50% to 75% and 100% where the disability is more than 75%.

¶24

In view thereto, the order passed by the AFT rounding off the disability pension from 35% to 50% does not call for any interference. The writ petition is without merit and the same is dismissed. The impugned order

¶25

shall now be implemented within a period of two months from today.

¶26