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2025 DAILYLAW 49114 (RAJ)

NO. 901177 - F SGT VIPIN KUMAR S/O SHRI NORANG LAL v. UNION OF INDIA

CW/13886/2025 · 2025-10-06

Baljinder Singh Sandhu, Sanjeev Prakash Sharma

body2025

Judgment text

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[2025:RJ-JP:40448-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 13886/2025 No. 901177 - F Sgt Vipin Kumar S/o Shri Norang Lal, Aged About 42 Years, Vill - Galar, Po - Galar, Dist - Churu, (Raj.) - 331701. ----Petitioner Versus 1. Union Of India, Through Secretary, Department Of Ex- Servicemen, Ministry Of Defence, New Delhi-110011. 2. Records Officer, Directorate Of Air Veterans, Subroto Park, New Delhi- 110010 3. Office Of The Joint Cda Af, Subroto Park, New Delhi- 110010 ----Respondents For Petitioner(s) : Mr. Shyam Sunder Sharma with Mr. Brijesh Kumar For Respondent(s) : Ms. Manjeet Kaur HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 06/10/2025 1. The challenge is to the order passed by the Armed Forces Tribunal (for short ‘the Tribunal’), Regional Bench Jaipur dated 18.07.2025 by the applicant who is dissatisfied with the order passed by the Tribunal, granting him 50% disability pension w.e.f. 01.07.2022 for life. 2. Learned counsel for the petitioner submits that the action of the respondents in changing the record resulted in his unnecessary litigation which he had to undergo for claiming his rightful claim for disability pension which ought to have been given by the authorities on their own. He submits that he should [2025:RJ-JP:40448-DB] (2 of 2) [CW-13886/2025] be paid compensation also to the tune of Rs.30,00,000/- wrongly typed as Rs.3,01,50,000/- in his prayer. 3. We have given thoughtful consideration to the submissions. We find that the Tribunal has examined the case and reached to the correct conclusion that the applicant was actually relieved on account of disability which was 20%. Taking into consideration the law as laid down in the case of Ex SGT Ramavtar Yadav Vs. Union of India & Ors., it enhanced the disability pension from 20% to 50% from 01.07.2022. The enhancement and rounding off itself reflect that the Tribunal has granted the benefits to the petitioner and as regards compensation, we are of the firm view that the Tribunal under the Armed Forces Tribunal Act, 2007 is not required to assess compensation and damages while deciding the appeals. 4. In view thereto, we do not find any error committed by the Tribunal. The claim of compensation before us is also found to be without any basis and therefore, the writ petition is, accordingly, dismissed. (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ RAHUL/DIKSHA/59