154 IN THE HIGH COURT OF PUNJAB AND HARYANA Union of India and SS-45825X Maj Rajdeep Dinkar Pandere CORAM: HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE Present: Mr. Mr. ASHWANI KUMAR MISHRA 1. The writ petition has been filed the order dated Bench, Chandigarh, in OA No. was held entitled to grant of disability pension and disability element @ 40% by rounding it off for life. 2. The Tribunal has undergone twenty four surgeries as also suffered kidney disease during the period of service. It is undisputed that the respondent commando training and during such training he suffered the 'Release Medical Board found the respondent No.1 to be suffering from ‘cystitic cystic percentage of disablement was treated as 15% by relying upon Chapter 7 of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-2029 Date of Decision: 2 Union of India and others Vs. 45825X Maj Rajdeep Dinkar Pandere and another HON’BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Premjit Singh Hundal, Sr. Panel Counsel for the petitioners. Mr. Rajesh Sehgal, Advocate for respondent No.1. *** ASHWANI KUMAR MISHRA, J. (Oral) The writ petition has been filed the order dated 10.10.2024, passed by the Armed Forces Tribunal, Regional Bench, Chandigarh, in OA No.1179 of 2023 was held entitled to grant of disability pension and disability element @ 40% by rounding it off The Tribunal has noticed that the respondent No.1 has undergone twenty four surgeries as also suffered kidney disease during the period of service. It is undisputed that the respondent commando training and during such training he suffered the 'Release Medical Board found the respondent No.1 to be suffering from ‘cystitic cystic (OPTD) with B/L Hydrouretero Nephrosis (N30.8) percentage of disablement was treated as 15% by relying upon Chapter 7 of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 20292-2025 (O&M) Date of Decision: 28.07.2025 …Petitioners and another …Respondents ASHWANI KUMAR MISHRA KULDEEP TIWARI Premjit Singh Hundal, Sr. Panel Counsel for the petitioners. Rajesh Sehgal, Advocate for respondent No.1. The writ petition has been filed by the Union of India assailing .10.2024, passed by the Armed Forces Tribunal, Regional 3, whereby the respondent No.1 was held entitled to grant of disability pension consisting of service element and disability element @ 40% by rounding it off @ 50% w.e.f. 01.07.2022 ticed that the respondent No.1 has undergone twenty four surgeries as also suffered kidney disease during the period of service. It is undisputed that the respondent No.1 had undergone commando training and during such training he suffered the injury. The 'Release Medical Board found the respondent No.1 to be suffering from Hydrouretero Nephrosis (N30.8). The percentage of disablement was treated as 15% by relying upon Chapter 7 of assailing .10.2024, passed by the Armed Forces Tribunal, Regional , whereby the respondent No.1 consisting of service element w.e.f. 01.07.2022 ticed that the respondent No.1 has undergone twenty four surgeries as also suffered kidney disease during the had undergone The 'Release Medical Board found the respondent No.1 to be suffering from . The percentage of disablement was treated as 15% by relying upon Chapter 7 of RAJESH KUMAR 2025.08.01 11:45 I attest the accuracy and authenticity of this order/judgment. CWP-20292-2025 (O&M) [2] the Guide to Medical Officers 2008 Appendix. The Tribunal has returned a specific finding that the relevant appendix relied upon by the Union of India specifies the disability to be 40% where the serum creatinine is found to be 1.13 MG in percentage. The Tribunal by relying upon the judgment of the Hon’ble Supreme Court in the case of Union of India and others vs. Ram Avtar, Civil Appeal No.418 of 2012, decided on 10.12.2014, has rounded off the disability to 50%. 3. The facts as noticed above are not in dispute. 4. The entitlement of respondent No.1 to receive disability pension in terms of above observations, otherwise, cannot be doubted. 5. In that view of the matter, we do not find any occasion to interfere with the judgment passed by the Tribunal dated 07.10.2024. Consequently, the writ fails and is dismissed accordingly. 6. All pending misc. application(s), if any, also stand disposed of. (ASHWANI KUMAR MISHRA) JUDGE (KULDEEP TIWARI) JUDGE 28.07.2025 rajesh 1. Whether speaking/reasoned? : Yes/No 2. Whether reportable? : Yes/No RAJESH KUMAR 2025.08.01 11:45 I attest the accuracy and authenticity of this order/judgment.