Dismissed¶20

Union of India through Its Secretary to Government of India and Others v. No Jc 438962F Ex Sub Maj Labh Singh and Another

Punjab & Haryana HC3 Jul 2025CWP/17884/2025

Case brief

AI extract

What is this about?

Disability pension rounding off 30% to 50%; Armed Forces Tribunal order dated 08.10.2024 upheld; SHAPE-1 medical category at discharge (31.12.2014); Re-Survey Medical Board 01.01.2015 assessing 30% disability for life; Fracture Medical Melledlus RT(OPTD); Jammu & Kashmir posting; injury aggravated by military service; low medical category w.e.f. 24.10.1992; upgrade to SHAPE-1 on 30.11.2000; CWP No.17884 of 2025; Union of India v. NO JC 438962F Ex Sub Maj Labh Singh; High Court of Punjab & Haryana at Chandigarh; decided 03.07.2025; writ petition dismissed.

What did the court decide?

None to the petitioners; the AFT order dated 08.10.2024 rounding off respondent No.1's disability pension to 50% and releasing it stands. ¶20

Union of India through Its Secretary to Government of India and Others Vs No Jc 438962F Ex Sub Maj Labh Singh and Another — Punjab & Haryana HC (2025) — LawSathi Research

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No.17884 of 2025 Date of Decision: 03.07.2025

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Union of India and others

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…Petitioners

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Versus

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NO JC 438962F Ex Sub Maj Labh Singh and another

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…Respondents

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

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Present:Mr. S.K. Sharma, Senior Panel Counsel, UOI for the petitioners.

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SANJEEV PRAKASH SHARMA, J.(Oral)

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The challenge is to the order passed by the Armed Forces Tribunal (for short ‘the AFT’) dated 08.10.2024, whereby the application of respondent No.1 was allowed and his disability pension @ 30% was rounded off to 50%.

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Learned counsel for the petitioners submits that at the time when respondent No.1 has been discharged from service, i.e 31.12.2014, he was in Medical Category SHAPE-1 and therefore, there was no occasion to grant him disability pension.

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We notice that respondent No.1 was enrolled on 15.12.1986 in the Indian Armed Forces and while he was posted at Jammu & Kashmir, he suffered Fracture Medical Melledlus RT(OPTD) resulting in his being placed in the low medical category w.e.f. 24.10.1992. The Court of Inquiry

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NEETU RANI 2025.07.08 12:42 I attest to the accuracy and authenticity of this order/judgment PHHC, CHD

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CWP No.17884 of 2025 -2-

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and the injury report reflected the injury to have been aggravated by the military service. However, he was upgraded to Medical Category SHAPE-1 on 30.11.2000 and thereafter, discharged in 2014. It seems that after discharge, upon representation, a Re-Survey Medical Board was conducted on 01.01.2015, i.e the next day of his discharge and the Medical Board assessed the disability of 30% for life holding it as Fracture Medical Melledlus RT (OPTD) and Plural Effusion nil. Thus, from the date he has been discharged, the authorities concerned have found him to be suffering from a disability upto 30%. In these circumstances, the AFT, after having taken into consideration the afore-said facts, directed it to be rounded off to 50% and releasing of the disability pension.

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