[2025:RJ-JP:28156-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 7289/2025 1. The Union of India, through the Secretary, Ministry of Defence, South Block, New Delhi- 110011. 2. The PCDA (P), Allahabad (UP) 3. The OIC Records, Artillery Records Pin-908802, C/o 56 Apo. ----Petitioners Versus JC-278524X Ex. Sub Krishan Kumar S/o Shri Mange Ram, Aged About 51 Years, R/o Village And Post - Hathwala, Tehsil And District- Jind at present resident of 19, Subham Vihar 1st, Gopalpura Kalwar Road, Jhotwara, Jaipur - 302012 (Rajasthan). ----Respondent For Petitioner(s) : Mr. Alok Garg For Respondent(s) : HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Order 25/07/2025 The issue raised in the present writ petition is no more res integra as the law has already been settled by the Hon’ble Supreme Court in the case of Bijender Singh vs. Union of India & Ors. (Civil Appeal Nos. 4458-4459/2024) in Para 29.02 which reads as under: “…..(29.2) A member is to be presumed in sound physical and mental condition upon entering service if there is no note or record at the time of entrance. In the event of his subsequently being discharged from service on medical grounds any deterioration in his health is to be presumed due to service (Rule 5 read with Rule 14(b)].” [2025:RJ-JP:28156-DB] (2 of 2) [CW-7289/2025] We noticed that the Armed Force Tribunal has considered the aspects relating to the diseases which were the basis for discharge which were noticed at the time of the retirement of the petitioners and accordingly has granted 75% disability pension. In view of the categorical findings laid down by the Hon’ble Supreme Court, we are unable to accept the contention of learned counsel for the petitioners that the diseases are neither attributable nor aggravated during course of service and that the disability of 30% ought not has been increased to 75%. Accordingly, the instant writ petition is dismissed. Directions issued by the Armed Force Tribunal shall be complied forthwith. (CHANDRA PRAKASH SHRIMALI),J (SANJEEV PRAKASH SHARMA),J GAURAV SHARMA/Garima/33