IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 117 CWP-16406-2025 Date of Decision: 18.08.2025 UNION OF INDIA AND OTHERS ...Petitioners Versus SMT MAHENDER KAUR ALIAS MAHANDER KAUR AND ANOTHER CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present:- Ms. Gurmeet Kaur Gill, Senior Panel Counsel, for the petitioners ***** HARSIMRAN SINGH SETHI , J. (ORAL) 1. In the present petition, the challenge is to the impugned order dated 07.12.2023 (Annexure P-1) passed by respondent No. 2-Armed Forces Tribunal, Regional Bench, Chandigarh (hereinafter referred to as ‘Tribunal’), by which, respondent No.1 has been granted the benefit of life time arrears by rounding off the disability pension of her deceased husband from 20% to 50% w.e.f. 01.01.1996 till the date of death of husband of respondent No.1, i.e. 31.01.2007, on the ground that the same is perverse. 2. The only argument raised by learned counsel for the petitioners is that respondent No.1 is not entitled to the benefit of rounded off the disability pension from 20% to 50% by placing reliance upon the judgment of the Hon’ble Supreme Court of India in K.J.S. Buttar vs. Union of India, 2011 STPL (Web) 316 and Union of India and others vs. Ram Avtar, 2014 SCC Online SC 1761, thus, the grant of benefit of disability pension to respondent No. 1 @ 50% is incorrect and the facts of the present case have not been appreciated in correct perspective by the Tribunal while passing the impugned order dated 07.12.2023 (Annexure P-1). HARISH KUMAR 2025.08.20 17:44 I attest to the accuracy and authenticity of this order/judgment CWP-16406-2025 -2- 3. We have heard learned counsel for the petitioners and have gone through the case file with her able assistance. 4. As per the settled principle of law settled by Hon’ble Supreme Court of India in Ram Avtar’s case (supra), any officer serving in the Armed Forces, who had undergone the medical examination at the time of his/her selection and was found fit, subsequently upon suffering a disability, is entitled to the benefit of disability pension by rounding off the same as the presumption would be that the disability suffered is attributable to the Military service. Relevant paras of the judgment in Ram Avtar’s case (supra) are as under:- “4. By the present set of appeals the appellant(s) raise the question, whether or not, an individual, who has retired on attaining the age of superannuation or on completion of his tenure of engagement, if found to be suffering from some disability which is attributable to or aggravated by the military service, is entitled to be granted the benefit of rounding-off of disability pension. The appellant(s) herein would contend that, on the basis of Circular No. 1(2)/97/D(Pen-C) issued by the Ministry of Defence, Government of India, dated 31.01.2001, the aforesaid benefit is made available only to an Armed Forces Personnel who is invalidated out of service, and not to any other category of Armed Forces Personnel mentioned hereinabove. 5. We have heard learned counsel for the parties to the lis. 6. We do not see any error in the impugned judgment(s) and order(s) and therefore all the appeals which pertain to the concept of rounding-off of the HARISH KUMAR 2025.08.20 17:44 I attest to the accuracy and authenticity of this order/judgment CWP-16406-2025 -3- disability pension are dismissed, with no order as to costs. 7. The dismissal of these matters will be taken note of by the High Courts as well as by the Tribunals in granting appropriate relief to the pensioners before them, if any, who are getting or are entitled to the disability pension.” 5. Learned counsel for the petitioners has not been able to dispute the said proposition of law having been settled by the Hon’ble Supreme Court of India in Ram Avtar’s case (supra). 6. Keeping in view the facts and circumstance of the present case as well as the settled principle of law settled in Ram Avtar’s case (supra), respondent No.1 has rightly been held to be entitled for life time arrears by rounding off the disability pension from 20% to 50% w.e.f. 01.01.1996 till the date of death of her husband, i.e. 31.01.2017. 7. No other argument has been raised. 8. Hence, in the absence of any perversity being pointed out in the impugned order dated 07.12.2023 (Annexure P-1) either on the basis of the facts or the settled principle of law, no ground is made out for any interference by this Court in the facts and circumstances of the present case. 9. Accordingly, the writ petition is dismissed. 10. Pending application(s), if any, stands disposed of. ( HARSIMRAN SINGH SETHI ) JUDGE ( VIKAS SURI ) August 18, 2025 JUDGE harish Whether speaking/reasoned Yes Whether reportable No HARISH KUMAR 2025.08.20 17:44 I attest to the accuracy and authenticity of this order/judgment CWP-16406-2025 -4- HARISH KUMAR 2025.08.20 17:44 I attest to the accuracy and authenticity of this order/judgment IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 117 CWP-16406-2025 Date of Decision: 18.08.2025 UNION OF INDIA AND OTHERS ...Petitioners Versus SMT MAHENDER KAUR ALIAS MAHANDER KAUR AND ANOTHER CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present:- Ms. Gurmeet Kaur Gill, Senior Panel Counsel, for the petitioners ***** HARSIMRAN SINGH SETHI , J. (ORAL) 1. In the present petition, the challenge is to the impugned order dated 07.12.2023 (Annexure P-1) passed by respondent No. 2-Armed Forces Tribunal, Regional Bench, Chandigarh (hereinafter referred to as ‘Tribunal’), by which, respondent No.1 has been granted the benefit of life time arrears by rounding off the disability pension of her deceased husband from 20% to 50% w.e.f. 01.01.1996 till the date of death of husband of respondent No.1, i.e. 31.01.2007, on the ground that the same is perverse. 2. The only argument raised by learned counsel for the petitioners is that respondent No.1 is not entitled to the benefit of rounded off the disability pension from 20% to 50% by placing reliance upon the judgment of the Hon’ble Supreme Court of India in K.J.S. Buttar vs. Union of India, 2011 STPL (Web) 316 and Union of India and others vs. Ram Avtar, 2014 SCC Online SC 1761, thus, the grant of benefit of disability pension to respondent No. 1 @ 50% is incorrect and the facts of the present case have not been appreciated in correct perspective by the Tribunal while passing the impugned order dated 07.12.2023 (Annexure P-1). HARISH KUMAR 2025.08.20 17:44 I attest to the accuracy and authenticity of this order/judgment CWP-16406-2025 -2- 3. We have heard learned counsel for the petitioners and have gone through the case file with her able assistance. 4. As per the settled principle of law settled by Hon’ble Supreme Court of India in Ram Avtar’s case (supra), any officer serving in the Armed Forces, who had undergone the medical examination at the time of his/her selection and was found fit, subsequently upon suffering a disability, is entitled to the benefit of disability pension by rounding off the same as the presumption would be that the disability suffered is attributable to the Military service. Relevant paras of the judgment in Ram Avtar’s case (supra) are as under:- “4. By the present set of appeals the appellant(s) raise the question, whether or not, an individual, who has retired on attaining the age of superannuation or on completion of his tenure of engagement, if found to be suffering from some disability which is attributable to or aggravated by the military service, is entitled to be granted the benefit of rounding-off of disability pension. The appellant(s) herein would contend that, on the basis of Circular No. 1(2)/97/D(Pen-C) issued by the Ministry of Defence, Government of India, dated 31.01.2001, the aforesaid benefit is made available only to an Armed Forces Personnel who is invalidated out of service, and not to any other category of Armed Forces Personnel mentioned hereinabove. 5. We have heard learned counsel for the parties to the lis. 6. We do not see any error in the impugned judgment(s) and order(s) and therefore all the appeals which pertain to the concept of rounding-off of the HARISH KUMAR 2025.08.20 17:44 I attest to the accuracy and authenticity of this order/judgment CWP-16406-2025 -3- disability pension are dismissed, with no order as to costs. 7. The dismissal of these matters will be taken note of by the High Courts as well as by the Tribunals in granting appropriate relief to the pensioners before them, if any, who are getting or are entitled to the disability pension.” 5. Learned counsel for the petitioners has not been able to dispute the said proposition of law having been settled by the Hon’ble Supreme Court of India in Ram Avtar’s case (supra). 6. Keeping in view the facts and circumstance of the present case as well as the settled principle of law settled in Ram Avtar’s case (supra), respondent No.1 has rightly been held to be entitled for life time arrears by rounding off the disability pension from 20% to 50% w.e.f. 01.01.1996 till the date of death of her husband, i.e. 31.01.2017. 7. No other argument has been raised. 8. Hence, in the absence of any perversity being pointed out in the impugned order dated 07.12.2023 (Annexure P-1) either on the basis of the facts or the settled principle of law, no ground is made out for any interference by this Court in the facts and circumstances of the present case. 9. Accordingly, the writ petition is dismissed. 10. Pending application(s), if any, stands disposed of. ( HARSIMRAN SINGH SETHI ) JUDGE ( VIKAS SURI ) August 18, 2025 JUDGE harish Whether speaking/reasoned Yes Whether reportable No HARISH KUMAR 2025.08.20 17:44 I attest to the accuracy and authenticity of this order/judgment