Dismissed¶4

Union of India through and Others v. No 16011906N Ex Nk Suresh Kumar

Disability Pension – Rounding off of disability element

Punjab & Haryana HC3 Jul 2025CWP/17928/2025

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Case brief

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What is this about?

Punjab & Haryana High Court, CWP No.17928 of 2025, decided 03.07.2025, coram Sanjeev Prakash Sharma and Meenakshi I. Mehta, JJ.; Union of India v. Ex Nk Suresh Kumar; challenge to AFT order dated 09.11.2023 rounding off disability pension from 40% to 50%; writ petition dismissed relying on Bijender Singh v. Union of India, 2025 SCC OnLine SC 895, and Union of India v. Ram Avtar, 2014 SCC Online SC 1761; rounding off slabs 50%/75%/100%; implementation within two months; pending misc. applications disposed of.

What did the court decide?

Writ petition dismissed; direction that the impugned AFT order be implemented within a period of two months; pending miscellaneous applications disposed of. ¶4

Union of India through and Others Vs No 16011906N Ex Nk Suresh Kumar — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition dismissed; direction that the impugned AFT order be implemented within a period of two months; pending miscellaneous applications disposed of.

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Issue for consideration

Whether there was any occasion to round off the disability element from 40% to 50% for the grant of disability pension, i.e., whether the AFT's order rounding off disability pension from 40% to 50% was sustainable.

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Court's answer

The question of rounding off disability pension is no longer res integra, being settled by the Hon'ble Supreme 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.

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Ratio / Principle

As approved by the Hon'ble Supreme Court, the rounding off clause relating to grant of disability pension applies as: 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%.

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Key takeaways

In view of the settled law, the order passed by the AFT rounding off the disability pension from 40% to 50% does not call for any interference; accordingly the writ petition, being without merit, is dismissed.ratio¶4

Detailed headnote1 paragraphs

Disability Pension — Rounding off of disability element — Writ petition by Union of India challenging Armed Forces Tribunal order dated 09.11.2023 whereby disability was rounded off from 40% to 50% — Held, the issue is no longer res integra in view of 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, wherein the Supreme Court approved rounding off of disability pension to 50% where disability is less than 50%, 75% where disability is 50% to 75%, and 100% where disability exceeds 75% — AFT order rounding off from 40% to 50% requires no interference — Writ petition dismissed; impugned order directed to be implemented within two months. (Para 3-4)

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131

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No.17928 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 16011906N Ex Nk Suresh Kumar 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. Ashish Chaudhary, 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 learned Armed Forces Tribunal dated 09.11.2023.

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

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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%.

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

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CWP No.17928 of 2025 -2-

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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.

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(SANJEEV PRAKASH SHARMA) JUDGE

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03.07.2025 (MEENAKSHI I. MEHTA) neetu JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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

Union of India through and Others v. No 16011906N Ex Nk Suresh Kumar

Case brief

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Union of India through and Others v. No 16011906N Ex Nk Suresh Kumar

Case brief

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