Extracted from the PDF above. The PDF is authoritative.
Sr. No. 31
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP (C) No. 2267/2025
Union of India and others
…. Petitioner/Appellant(s)
Through:- Mr. Vikas Sharma, CGSC
V/s
Jagdish Raj …..Respondent(s)
Through:- Mr. B.S. Sarmal, Advocate Mr. Amit Singh, Advocate
CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER 31.01.2026
1. Impugned in this petition, filed by Union of India and others under Article 226 of Constitution of India, is an order and judgment dated 03.04.2022 passed by the Armed Forces Tribunal, Regional Bench, Srinagar at Jammu [“the Tribunal”] in OA No. 355/2019, titled “Jagdish Raj Vs. Union of India and others”, whereby the Tribunal has allowed the OA of the respondent and held him entitled to disability pension at 20%, rounded off to 50% for 2 years i.e., from 17.05.1979 to 16.05.1981.
2. During the pendency of this petition, and after the passing of the judgment impugned, the respondent has been subjected to Review Medical Board and his disability has been found at 20% for life. The impugned judgment has been challenged on the ground that disability suffered by the respondent, though assessed by the Medical Board at 20% was neither attributable to nor aggravated by military service.
WP(C) No. __________
3. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the order passed by the Tribunal suffers from no legal infirmity. The issues which have been raised by Mr. Vikas Sharma, learned CGSC, in this appeal are fully covered by the judgment of “Dharamvir Singh Vs. Union of India and others (2013) 7 SCC 316” and judgment passed by this Bench in WP (C) No. 3173/2023 titled “Nirman Singh Jamwal Vs. Union of India and others”, decided on 03.11.2025.
4. In view of the aforesaid, the issues raised in this petition are no more res integra. We find no merit in this petition and the same is accordingly dismissed.
(SANJAY PARIHAR) (SANJEEV KUMAR)
JUDGE
JUDGE Jammu: 31.01.2026 Shafqat