Research › Search › Judgment

High Court of Jammu and Kashmir · body

2006 DAILYLAW 325 (JK)

UNION OF INDIA TH. SECRETARY TO GOVT.,MINISTRY OF DEFENCE AND OTHERS v. CHAIN SINGH

WP(C)/2006/2024 · 2026-09-14

Sanjeev Kumar, Shahzad Azeem

Writ Petition (Civil)body2006

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2006/2024 1. Union of India through its Secretary to Govt. of India, Minsitry of Defence, South Block, New Delhi- 110011. 2. Additional Director General Personnel Services, Adjutant General’s Branch, Integrated HQ of Ministry of Defence (Army), DHQ PO, New Delhi-110001. 3. Principal Controller of Defence Accounts (Pensions), Draupadi Ghat, Allahabad, Uttar Pradesh-211014. 4. OIC Records, JAK Li Records, Pin – 911097, C/o 56 APO. Date of pronouncement: 14.09.2026 Date of uploading: 14.09.2026 …..Appellant(s)/Petitioner(s) Through: Mr. Vishal Sharma, DSGI with Mr. Karan Sharma, CGSC vs No. 9089778Y Ex Nk Chain Singh, S/o Shri Jankar Singh, R/o Village: Chandan Vihar (Lower Roopnagar), PO: Muthi, Tehsil: Jammu, District: Jammu. .…. Respondent(s) Through: Mr. Amit Singh, Advocate Mr. Chakshu Sharma, Advocate (th. VC) CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE ORDER (ORAL) 14.09.2026 Sanjeev Kumar-J 1. 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. Serial No. 35 2 WP(C) No. 2006/2024 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. 2. In view of the aforesaid, we find no merit in this petition and the same is, accordingly, dismissed. 3. Respondents to expedite the implementation of the judgment. (Shahzad Azeem) (Sanjeev Kumar) Judge Judge Jammu 14.09.2026 Vishal Sharma Whether the order is reportable? Yes/No Whether the order is speaking? Yes/No