IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 134 CWP-14391-2025 Date of Decision: 20.08.2025 Union of India and others ....Petitioners Versus Ex NK Avtar Singh and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI ---- Present: Ms. Jyoti Choudhary, Senior Panel Counsel for the petitioners. **** Harsimran Singh Sethi, J. (Oral) 1. In the present petition, the challenge is to the impugned order dated 01.11.2022 (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 allowed the benefit of disability pension qua the disability “Paroxysmal Supraventricular Tachy cardia Accessory Pathnay not Ablated” by rounding off the disability element from 20 % to 50 % for life keeping in view the facts and circumstances of the present case, 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 neither entitled to the benefit of disability pension nor VARINDER PRASHAD 2025.08.27 19:47 I attest to the accuracy of this document PHHC CWP-14391-2025 -: 2 :- for the benefit of rounding off the disability pension from 20% to 50%. Learned counsel for the petitioner has placed reliance upon the medical report of respondent No.1, wherein assessment has been made that disability “Paroxysmal Supraventricular Tachy cardia Accessory Pathnay” of respondent No.1 has contracted with, is neither attributable to nor aggravated by the military service to contend that grant of benefit of disability pension @ 50% by placing reliance on Dharamvir Singh versus Union of India and others, (2013) 7 SCC 316 and Union of India and others vs. Ram Avtar, 2014 SCC Online SC 1761 for the purpose of granting benefit of rounding off by the Tribunal vide impugned order dated 01.11.2022 (Annexure P-1), is incorrect and same is liable to be set aside. 3. We have heard learned counsel for the petitioners and have gone through the case file with her able assistance. 4. The grievance of the petitioners is qua two aspects; firstly that the benefit of disability pension could not have been granted to respondent No.1 as, in the medical report assessed by the Medical Officer, assessment has been made that the disability is neither attributable nor aggravated by the military service; second that the benefit of rounding off the disability pension from 20% to 50% is incorrect, and the same could not have been granted to respondent No.1 as the same had assessed at 20% by Medical Officers in the medical report. These grievances of the petitioners will be dealt accordingly hereinafter. 5. As far the contention of the petitioners qua the aspect that the medical report of respondent No.1 stipulates that the disability incurred by him is neither attributable nor aggravated by the military service and hence, VARINDER PRASHAD 2025.08.27 19:47 I attest to the accuracy of this document PHHC CWP-14391-2025 -: 3 :- grant of benefit of disability pension by ignoring the medical report is incorrect, qua the said contention, it shall be noted that as per Dharamvir Singh’s case (supra) the presumption as per Rules 5 and 9 of 'Entitlement Rules for Casualty Pensionary Awards, 1982, is in favour of an employee concerned, that the disability he has incurred with is to be attributed to military service, especially when it has come on record that at time of enrollment the employee concerned was fit and contracted with a disease/disability during service period, which is concededly the situation in present case and the onus of proof is upon the employer to disprove the same by bringing on record the evidence and substantiated medical report which could prove the fact that the disability is neither attributable to nor aggravated by military service, which condededly has not been done by the petitioners. Hence, the contention raised by the petitioners stands defeated. The relevant paragraphs of the said judgment are as under: “30. In the present case it is undisputed that no note of any disease has been recorded at the time of appellant's acceptance for military service. The respondents have failed to bring on record any document to suggest that the appellant was under treatment for such a disease or by hereditary he is suffering from such disease. In absence of any note in the service record at the time of acceptance of joining of appellant it was incumbent on the part of the Medical Board to call for records and look into the same before coming to an opinion that the disease could not have been detected on medical examination prior to the acceptance for military service, but nothing is on the record to suggest that any such record was called for by the Medical Board or looked into it and no reasons have been recorded in writing to come to the conclusion that the disability is not due to VARINDER PRASHAD 2025.08.27 19:47 I attest to the accuracy of this document PHHC CWP-14391-2025 -: 4 :- military service. In fact, non-application of mind of Medical Board is apparent from Clause (d) of paragraph 2 of the opinion of the Medical Board, which is as follows: (d) In the case of a disability under C the board should state what exactly in their opinion is the cause thereof. YES ” 31. XXXX XXXX XXXX XXXX 32. In spite of the aforesaid provisions, the Pension Sanctioning Authority failed to notice that the Medical Board had not given any reason in support of its opinion, particularly when there is no note of such disease or disability available in the service record of the appellant at the time of acceptance for military service. Without going through the aforesaid facts the Pension Sanctioning Authority mechanically passed the impugned order of rejection based on the report of the Medical Board. As per Rules 5 and 9 of 'Entitlement Rules for Casualty Pensionary Awards, 1982', the appellant is entitled for presumption and benefit of presumption in his favour. In absence of any evidence on record to show that the appellant was suffering from "Genrealised seizure (Epilepsy)” at the time of acceptance of his service, it will be presumed that the appellant was in sound physical and mental condition at the time of entering the service and deterioration in his health has taken place due to service. 33. As per Rule 423(a) of General Rules for the purpose of determining a question whether the cause of a disability or death resulting from disease is or is not attributable to service, it is immaterial whether the cause giving rise to the disability or death occurred in an area declared to be a field service/active service area or under normal peace conditions.” 6. Further, with regard to the grievance of the petitioners qua the rounding off disability pension, the issue has been settled by the Hon’ble Supreme Court of India in Ram Avtar’s case (supra), wherein it has been VARINDER PRASHAD 2025.08.27 19:47 I attest to the accuracy of this document PHHC CWP-14391-2025 -: 5 :- held that any officer serving with the Military, who had undergone the medical examination at the time of enrollment and was found fit, is subsequently found to be suffering with a disability is entitled to the benefit of disability pension as the presumption would be in favour of such an employee that the disability suffered during the service is attributable to the Military service by rounding off the said percentage of disability. The relevant paragraph of the said judgment is 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 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 VARINDER PRASHAD 2025.08.27 19:47 I attest to the accuracy of this document PHHC CWP-14391-2025 -: 6 :- them, if any, who are getting or are entitled to the disability pension.” 7. 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). 8. 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) and Dharamvir Singh’s case (supra), respondent No.1 has rightly been held to be entitled to disability pension by rounding off the disability element from 20% to 50%. 9. No other argument has been raised. 10. Hence, in the absence of any perversity being pointed out in the impugned order dated 01.11.2022 (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. 11. Accordingly, the writ petition is dismissed. 12. Pending application(s), if any, stands disposed of. (HARSIMRAN SINGH SETHI) JUDGE (VIKAS SURI) August 20, 2025 JUDGE Varinder Whether speaking/reasoned : Yes Whether reportable : No VARINDER PRASHAD 2025.08.27 19:47 I attest to the accuracy of this document PHHC