HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No.1766/2025 Pronounced on: 03.03.2026 Uploaded on: 06.03.2026 Union of India and others ....Petitioner(s) Through:- Mr. Vikas Sharma, Sr. Panel Counsel, UOI Versus Rakesh Singh ...Respondent(s) Through:- None Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 1. In the instant case, the respondent was enrolled in Army on 10th March, 1995 and was discharged from service on 31st March, 2019 in Low Medical Category after rendering 24 years 22 days service. During service, the respondent incurred disability of ISCHEMEIC Stroke (LT) MCA Territory, which The Release Medical Board assessed @ 30% for life. However, same was regarded as neither attributable to nor aggravated by military service. Accordingly, service element of pension has been granted to the respondents, however, disability element of pension was not granted for the reason that as per the opinion of the Release Medical Board, the disability suffered by the respondent was neither attributable to nor aggravated by army service. WP(C) No.1766/2025 2 2. The issue raised in this petition is squarely covered by our judgment dated 13.11.2025 titled Union of India and others v. Nirman Singh Jamwal (WP© No.3173/2023 and clubbed matters) in which this Court has already held that the disability “Ischemic Stroke” is aggravated by the Army service and ,therefore, a person invalided out of Army service on account of such disability cannot be held disentitled to the disability element of the pension on the ground that such disability is neither attributable to nor aggravated by army service. 3. The Armed Forces Tribunal has disagreed with the stand of the petitioners and has held the respondent entitled to disability element of pension as well. 4. Since the issue has already been considered by this Court in detail in WP(C) 3173/2023 along with connected matters (supra), nothing survives for adjudication in this petition. 5. This petition is found to be devoid of any merit and the same is, accordingly, dismissed. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge JAMMU 03.03.2026 Vinod, Secy Whether the order is speaking : Yes/No Whether the order is reportable: Yes/No Vinod Kumar 2026.03.06 10:51 I attest to the accuracy and integrity of this document