Research › Search › Judgment

High Court of Jammu and Kashmir · body

2024 DAILYLAW 410 (JK)

UNION OF INDIA TH. SECRETARY TO GOVT. ,MINISTRY OF DEFENCE AND OTHERS v. EX HONY LT SUBHASH CHANDER

WP(C)/2579/2024 · 2026-02-24

Sanjay Parihar, Sanjeev Kumar

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2579/2024 UOI and Ors. .....Applicant(s)/Petitioner(s) Through :- Mr. Vishal Sharma, DSGI with Mr. Eishaan Dadhichi, CGSC v/s Ex. Hony Lt. Subhash Chander .....Respondent(s) Through :- Mr. Yogesh Rana, Advocate (through VC) CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 24.02.2026 1. The issue raised in this petition is securely covered by our judgment dated 13.11.2025 titled “Union of India vs. Nirman Singh Jamwal”, (WP (C) No. 3173/2023 and clubbed matters) in which this Court has already held that the disability “PITUITARY MACROADENOMA (OPTD)” is aggravated by the Army service and therefore, a person invalided out of Army service on account of such disability cannot be held disentitled to the disability element of the pension on the ground that such disability is neither attributable to nor aggravated by Army service. 2. In the instant case, the respondent was discharged from Army service on 30.06.2019 in Low Medical Category after rendering 30 years and 14 days service and, therefore, was granted the service element of pension. The disability element of pension was not granted for the reason that as per the opinion of the medical Sr. No. 09 2 authority, the disability suffered by the respondent was neither attributable to nor aggravated by Army service. 3. The Tribunal has disagreed with the stand of the petitioners and has held the respondent entitled to disability element of pension as well. 4. As observed above, the issue has already been considered by this Court in detail in WP (C) No. 3173/2023 (supra) and, therefore, nothing survives for adjudication in this petition. 5. This petition is found devoid of any merit and the same is, accordingly, dismissed. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge JAMMU 24.02.2026 Manik