THE UNION OF INDIA v. IC-43242 W LT COL N S SHEKHAWAT, RETD S/O SH RAWAT SINGH
CW/9077/2025 · 2025-09-10
Sanjeet Purohit, Sanjeev Prakash Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21210 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21210 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:36592-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 9077/2025
1. The Union Of India, Through The Secretary, Ministry Of Defence, South Block, Government Of India, New Delhi- 110011
2. The Addl Dte Gen (Policy And Planning) Mp 5 (B), Adjutant Generals Branch, Ihq Of Mod (Army) Wing No. 3, Ground Floor, West Block Iii, R.k. Puram, New Delhi- 110066
3. The Pcda (P), Allahabad (Up) - 211014. ----Petitioners Versus Ic-43242 W Lt Col N S Shekhawat, Retd S/o Sh Rawat Singh, Resident Of 72, Raghunath Puri, Shekhawat Sadan, Kalwar Road, Jaipur (Raj.) - 302012. ----Respondent For Petitioner(s) : Mr. Gaurav Jain, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order 10/09/2025
1. The matter comes up on application(1/2025) under Order 41 Rule 47 CPC for taking document on record.
2. For the grounds mentioned in the application(1/2025), the same is allowed.
3. Although learned counsel for the petitioners has complied with the order dated 30.06.2025 and place on record the copy of the Circular.
4. 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
[2025:RJ-JP:36592-DB] (2 of 2) [CW-9077/2025] v. Union of India and others, 2025 SC-C 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 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%.
5. In view thereto, the order passed by the AFT rounding off the disability pension from 30% to 50% does not call for any interference. The 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.
6. All pending misc. application(s) also stand disposed of.
(SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J HEENA/MAHIMA/72