! "#$ $%&'&() * (&( (+&""(+#,$-' $#&#&($-' .$-'/' 01"2&3+"-45&-6&(7,"(+"(#,$- $'8(+$(#' ! "#$ ! ! ! ! "# $ "$% &'( )* ! +, ! "' ! - .+ / 0 ! & 1 .+ 2* +, 3 + ! +, 3 + ! +, ! +, 4 5$6 + 3! 7 ! " 8 ! + ! 9! 7 ": $" %%; ! 3 7 ! ! 7 )$ "$$% 3 ! , ! ! +, 3 ! "$6 &56 %6* 3 ! ! ! ! ! +, .+ (!! 9! 3 ! ! 3 9! %# &&# '()*( '+ ,*-* #. /0%. % ' '+ . . ' ! .1.. ' ,(*),*-2 KANCHAN 2025.10.29 09:50 I attest to the accuracy and integrity of this order/judgment ! ! +, 3 ! + + 7 ! +, , 7 ! ! +, 3 ! 4 5%6 3 +3 ! "$6 ) < 7 ! ! ! 7 ! 3 + ; , + ! ! +, ! ! 7 ! 3 +3 5%6 + 3 ! + + , 7 ! 3 ! ! 7 ! ! +, ! +, + ! "$6 ! 3 ! %# &&# '()*( '+ ,*-* .1.. ' ,(*),*-2 #. /0%. % ' '+ . . ' . 7 9! ! “9. We are of the persuasion, therefore, that firstly, any disability not recorded at the time of recruitment must be presumed to have been caused subsequently and unless proved to the contrary to be a consequence of military service. The benefit of doubt is rightly extended in favour of the member of the Armed Forces; any other conclusion would be tantamount to granting a premium to the Recruitment Medical Board for their own negligence. Secondly, the morale of the Armed Forces requires absolute and undiluted protection and if an injury leads to loss of service without any recompense, this morale would be severely undermined. Thirdly, there appears to be no provisions authorising the discharge or invaliding out of service where the disability is below twenty per cent and seems to us to be logically so. Fourthly, wherever a member of the Armed Forces is invalided out of service, it perforce KANCHAN 2025.10.29 09:50 I attest to the accuracy and integrity of this order/judgment 9 has to be assumed that his disability was found to be above twenty per cent. Fifthly, as per the extant Rules/Regulations, a disability leading to invaliding out of service would attract the grant of fifty per cent disability pension.” 5 ! +, 3 + ! + ! , 7 ! +, + ! "$6 , + ! +, ! + , ! ! +, ! 4 "$6 : = ! +, 7 ! , 7 ! ! > - 3 ! 7 ? 1! ! +, 2 + ! +, =2+ ! ' '+ . . ' % % 6(3&($6: 3 + ! , 7 ' ! - 3 ! ! ! ( @ ! 3 ! +?, ! + 3 ! +, ! + ! +, +, ! 3! + 7 , ! +, ! ! 7 + + , 7 /7 9! % 3 1 "/&$ ! “4. By the present set of appeals the appellant(s) raise the question, whether or not, an individual, who has retired on attaining the age of superannuation or on completion of his tenure of engagement, if found to be suffering from some disability which is attributable KANCHAN 2025.10.29 09:50 I attest to the accuracy and integrity of this order/judgment to or aggravated by the military service, is entitled to be granted the benefit of rounding-off of disability pension. The appellant(s) herein would contend that, on the basis of Circular No. 1(2)/97/D(Pen-C) issued by the Ministry of Defence, Government of India, dated 31.01.2001, the aforesaid benefit is made available only to an Armed Forces Personnel who is invalidated out of service, and not to any other category of Armed Forces Personnel mentioned here- in-above. 5. We have heard learned counsel for the parties to the lis. 6. We do not see any error in the impugned judgment(s) and order(s) and therefore all the appeals which pertain to the concept of rounding-off of the disability pension are dismissed, with no order as to costs. 7. The dismissal of these matters will be taken note of by the High Courts as well as by the Tribunals in granting appropriate relief to the pensioners before them, if any, who are getting or are entitled to the disability pension.” # - 9! %# &&# '--4-- '+ ,*,( #. ' '+ . . ' % 5 . ' ! .1.. ' *-*6,*,(! =2+ ! +, ' '+ . . ' % % ! ,*-2 # -7)- 3 8. % ' '+ . . ' ! ,*,( # 96( ! + ! ! +, + !! KANCHAN 2025.10.29 09:50 I attest to the accuracy and integrity of this order/judgment * % 8 ! + + ! ! 3 7 + ! +, =2+ ! /0%. 3 1 "/&$! % 3 1 "/&$ . 5 3 1 "/&$ $ + ! = + , 7, + ! ! ! ! ! "# $ "$% &'( )* + ! 3 ! ! , +, ! ! 3 !, ! ! " ! &* , ! !! 666 6; %#5$- <* kanchan Whether speaking/reasoned : Yes Whether reportable : No KANCHAN 2025.10.29 09:50 I attest to the accuracy and integrity of this order/judgment