UNION OF INDIA TH. SECRETARY TO GOVT.,MINISTRY OF DEFENCE AND OTHERS v. EX NK BABU RAM
WP(C)/2456/2024 · 2025-08-20
Sanjay Parihar, Sanjeev Kumar
body2025
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Judgment text
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Sr. No. 09 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP (C) No. 2456/2024 CM No. 5978/2024
1. Union of India through its Secretary to Government of India, Ministry of Defence, South Block, New Delhi-110011
2. Additional Director General Personnel Services, Adjutant General’s Branch, Integrated HQ of Ministry of Defence (army), DHQ PO, New Delhi- 110 001
3. Principal Controller of Defence Accounts (Pensions), Draupadi Ghat, Allahabad, Uttar Pradesh-211014
4. OIC Records, Records JAK LI, Pin Code-911017, C/o 56 APO
…..Petitioner(s)
Through:-Mr. Vishal Sharma, DSGI
V/s
No 12880313F Ex Nk Babu Ram, S/o Shri Radho Ram, R/o Village: Ramloo Rasodian, Post Office: Ramgarh, District: Samba, Jammu and Kashmir-181141
…..Respondent(s)
Through:- Mr. Amit Singh, Advocate
CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER 20.08.2025
1. Impugned in this petition, filed by the Union of India, is an order and judgment dated 17th January, 2023 passed by the Armed Forces Tribunal, Regional Bench, Srinagar at Jammu [the Tribunal] in OA No. 210/2020, titled “No. 12880313 P Ex Naik Babu Ram vs. Union of India & ors.”, whereby the Tribunal, while allowing the OA filed by the respondent herein, quashed the impugned letters
2
WP (C) No. 2456/2024
dated 30.10.2018 and 03.05.2019, rejecting the claim of the respondent for grant of disability element of disability pension and has further directed the petitioners herein to grant disability element to the applicant @ 40% for life, to be rounded off to 50% for life, w.e.f., three years preceding the date of filing of the Original Application.
2. The issue raised by the petitioners in this petition to throw challenge to the impugned judgment is fully covered and decided by the Supreme Court in case “Pani Ram vs. Union of India & ors.”, 2021 (9) SCR 1024.
3. We have gone through the impugned order as also the judgment relied upon by the counsel for the respondent and are of the considered opinion that the instant case is fully covered by the
judgment of Pani Ram (Supra) and, therefore, no more debate is required to be entered into. The judgment passed by the Tribunal, which is impugned before us, is in tune with the law laid down by the Supreme Court in the case of Pani Ram (Supra), therefore, does not call for any interference of this Court.
4. Therefore, this petition being without any merit, is dismissed.
(Sanjay Parihar) (Sanjeev Kumar) Judge
Judge
JAMMU 20.08.2025 Pawan Angotra
Whether the order is speaking? : Yes/No Whether the order is reportable? : Yes/No
Pawan Angotra 2025.08.21 16:36 I attest to the accuracy and integrity of this document