UNION OF INDIA v. EX L/NK MADAN DAN CHARAN (ARMY NO. 2665355) S/O NATHU DAN CHARAN
CW/8911/2025 · 2025-07-21
Dinesh Mehta, Sanjeev Prakash Sharma
body2025
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[ 2025 DAILYLAW 20826 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 20826 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:27045-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 8911/2025
1. Union Of India, Through Secretary, Department Of Ex- Servicemen Welfare, Ministry Of Defence, Government Of India, New Delhi.
2. Chief Controller Of Defence Accounts, (CCDA (P) G 3 / RA Section Allahabad, UP.
3. Chief Records Officer, The Grenadiers Records, C/o 56. ----Petitioners Versus Ex L/nk Madan Dan Charan (Army No. 2665355) S/o Nathu Dan Charan, Aged About 65 Years, Permanent Resident Of Village & PO Karni Colony Vimlaji Bari Tehsil And District Nagour (Rajasthan). ----Respondent For Petitioner(s) : Mr. Mohit Balwada, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE DINESH MEHTA
Order 21/07/2025
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
[2025:RJ-JP:27045-DB] (2 of 2) [CW-8911/2025] 2014 SCC Online SC 1761, wherein the Hon’ble Apex Court has 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 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.
(DINESH MEHTA), J.
(SANJEEV PRAKASH SHARMA), J. HEENA/MAHIMA/24