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2025 DAILYLAW 18221 (RAJ)

UNION OF INDIA v. JC- 538086W EX SUB MAJ AND HONY LT. DHARAM PAL YADAV

CW/7959/2025 · 2025-08-25

Sanjeet Purohit, Sanjeev Prakash Sharma

body2025

Judgment text

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[2025:RJ-JP:33468-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 7959/2025 1. Union Of India, Through Its Secretary, Ministry Of De- fence, South Block, New Delhi. 2. Officer - In - Charge Records, Kumaon Regt. Records, C/o 56 Apo. 3. Pcda (P), Draupadi Ghat, Allahabad (Up), ----Petitioners Versus Jc- 538086W Ex Sub Maj And Hony Lt. Dharam Pal Yadav, Aged About 68 Years, Age 68 Years S/o Sh. Jai Narayan Yadav, Resi- dent Of Village Gunti, Po Pacheri Kalan, Khetri District Jhunjhunu (Rajasthan). ----Respondent For Petitioner(s) : Mr. Ashish Kumar, Adv. For Respondent(s) : HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order 25/08/2025 1. The challenge is to the order passed by the learned Armed Forces Tribunal dated 21.09.2021. 2. Learned counsel submits that there was no occasion to round off the disability from 20% to 50%. 3. 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 [2025:RJ-JP:33468-DB] (2 of 2) [CW-7959/2025] approved the rounding off clause relating to grant of disability pension to 50% where the disability is less than 50%, to 75% where the disability is from 50% to 75% and 100% where the dis- ability is more than 75%. 4. In view thereto, the order passed by the AFT rounding of the disability pension from 20% to 50% does not call for any interference. The civil 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. All pending misc. application(s) also stand disposed of. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J HEENA/MAHIMA/35