THE UNION OF INDIA AND OTHERS v. EX SUBEDAR SUKH PARKASH AND ANOTHER
CWP/17657/2025 · 2025-07-02
Meenakshi I Mehta, Sanjeev Prakash Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70239 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70239 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
131
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No.17657 of 2025 Date of Decision: 02.07.2025
The Union of India and others …Petitioners
Versus
JC-696438A Ex. Subedar Sukh Parkash and another
…Respondents
CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA
Present:- Ms. Shalini Atri, Advocate, Senior Panel counsel
for the petitioners-UOI.
* * * * SANJEEV PRAKASH SHARMA J.(Oral)
1.
The challenge in this writ-petition is to the order passed by respondent No.2-Armed Forces Tribunal (for short ‘the AFT’) dated 16.03.2023 (Annexure P-3).
2.
Learned counsel for the petitioners submits that there was no occasion to round off the disability from 60% to 75%.
3.
The issue is no more res-integra in view of the judgment passed by the Hon’ble Apex Court in the case of Bijender Singh vs. Union of India and others, 2025 SSC OnLine SC 895, which affirms the earlier
judgment passed by the Hon’ble Supreme Court in the case of Union of India and others vs. Ram Avtar 2014 SCC Online SC 1761 wherein the Hon’ble Apex Court has approved the rounding off clause relating to grant of disability pension to 50% where the disability is less than 50%, 75% where the disability is from 50% to 75% and 100% where the disability is more than 75%.
SEEMA SHARMA 2025.07.10 11:59 I attest to the accuracy and authenticity of this
order/judgment
CWP No.17657 of 2025 -2-
4.
In view thereto, the order passed by the AFT rounding of the disability pension from 60% to 75% does not call for any interference. The writ-petition is without merit and the same is dismissed. The impugned
order shall now be implemented within a period of two months from today.
(SANJEEV PRAKASH SHARMA) JUDGE
02.07.2025
(MEENAKSHI I. MEHTA) seema
JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No SEEMA SHARMA 2025.07.10 11:59 I attest to the accuracy and authenticity of this
order/judgment