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2025 DAILYLAW 20033 (RAJ)

UOI, THROUGH THE SECRETARY TO THE GOVT OF INDIA v. SMT. SANTOSH DEVI, WD/O LATE SUB PURAN MAL SAINI

CW/8766/2025 · 2025-08-18

Sanjeet Purohit, Sanjeev Prakash Sharma

body2025

Judgment text

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[2025:RJ-JP:32053-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 8766/2025 1. UOI, Through The Secretary To The Govt Of India, Ministry Of Defence, South Block, New Delhi-110 011 2. Pcda (P), Prayagraj, Up-211 014 3. The Oic Records, Records Corps Of Military Police, Pin 900 493, C/o 56 Apo ----Petitioners Versus Smt. Santosh Devi, Wd/o Late Sub Puran Mal Saini, Resident Of Village Rupawas, Post Maonda Rs, Tehsil Nimka Thana, District Sikar, Rajasthan. ----Respondent For Petitioner(s) : Mr. Amit Jindal, Adv. For Respondent(s) : HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order 18/08/2025 1. The challenge is to the order passed by the learned Armed Forces Tribunal dated 14.08.2024. 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 approved the rounding off clause relating to grant of disability [2025:RJ-JP:32053-DB] (2 of 2) [CW-8766/2025] pension to 50% where the disability is less than 50%, to 75% where the disability is from 50% to 75% and 100% where the disability 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. 6. In spite of aforesaid judgment learned counsel still submits that a view should be taken by this Court different from what has already been taken by Apex Court. The cost of Rs.1 lac is imposed upon Union of India for unnecessary litigation being initiated relating to cases which have already been settled finally by the Supreme Court. The cost shall be deposited with the Rajasthan State Legal Services Authority, Jaipur. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J HEENA/MAHIMA/12