145 IN THE HIGH COURT OF PUNJAB AND HARYANA AT UNION OF INDIA AND OTHERS NO.1585229 CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE Present M for the petitioner Mr. Navdeep Singh, Mr. Rajesh Sehgal, Advocate, Ms. Roopan Atwal, Advocate ASHWANI KUMAR MISHRA 1. The present petition order dated 13.02.2023 passed by the Armed Forces Tribunal (for short AFT”), whereby the AFT has allowed the OA No.1662 of 2020 filed by respondent No.1 with relief of rounding off. 2. The disability of respondent No.1 AFT is “PIVD L3 Release Medical Board (RMB) has assessed the disability to the extent of 30% disablement Supreme Court in others Vs. Ram Avtar prayed for, in the 3. Learned counsel for the petitioners dated 13.02.2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: UNION OF INDIA AND OTHERS V 1585229 EX. ACP (HAV) BANTA SINGH AND HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE KULDEEP TIWARI Ms. Geeta Singhwal, Senior Panel Counsel, for the petitioners-UOI. Mr. Navdeep Singh, Advocate, Mr. Rajesh Sehgal, Advocate, Ms. Roopan Atwal, Advocate for respondent No.1 ASHWANI KUMAR MISHRA, J. (Oral) The present petition, preferred by the Union of India, order dated 13.02.2023 passed by the Armed Forces Tribunal (for short AFT”), whereby the AFT has allowed the OA No.1662 of 2020 filed by respondent No.1, wherein he had claimed benefit of disability pension along with relief of rounding off. The disability of respondent No.1 PIVD L3-L4 WITH LUMBAR CANAL STENOSIS Release Medical Board (RMB) has assessed the disability to the extent of disablement for life. Relying upon the Supreme Court in Civil Appeal No.418 of 2012 Ram Avtar and other cases, the AFT has granted in the Original Application. Learned counsel for the petitioners dated 13.02.2023 of the AFT on the limited ground that the R IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20277-2025 (O&M) Date of Decision: 29thJuly, 2025 .…...Petitioner(s) V/s. ACP (HAV) BANTA SINGH AND ANOTHER ......Respondent(s) ASHWANI KUMAR MISHRA KULDEEP TIWARI Senior Panel Counsel, or respondent No.1. , preferred by the Union of India, assails order dated 13.02.2023 passed by the Armed Forces Tribunal (for short “the AFT”), whereby the AFT has allowed the OA No.1662 of 2020 filed by wherein he had claimed benefit of disability pension along The disability of respondent No.1 as has been noticed by the WITH LUMBAR CANAL STENOSIS”. The Release Medical Board (RMB) has assessed the disability to the extent of for life. Relying upon the judgment of the Hon’ble Civil Appeal No.418 of 2012 titled as Union of India and the AFT has granted the relief, as Learned counsel for the petitioners-UOI has assailed order on the limited ground that the Release SURESH KUMAR 2025.07.31 18:29 I attest to the accuracy and integrity of this document CWP-20277-2025 (O&M) Medical Board was of the opinion that the disability suffered by respondent No.1 could be taken care of by subjecting him to surgical procedure, but its consent was denied by respondent No.1. It is, therefore, urged that once that be so, the AFT is not justified in granting relief as prayed for by respondent No.1. 4. When the matter was heard yesterday, learned counsel for the respondent No.1 has informed the Court that a circular dated 16.04.2019, has already been issued by the Director General of Armed Forces Medical Services, clearly citing the kind of risk involved in the required spinal surgery and thereby holding that refusal of the personnel to undergo such procedure, ought not to be relied upon against him. 5. The extract of the circular darted 16.04.2019, issued by the competent authority, is reproduced as under:- “CLARIFICATION ON ASSESSMENT FOR CASES OF SPINAL DISORDERS 1. It has been observed that many RMBs are reducing percentage of disability for Spinal Disorder e.g. PIVD in cases where individual have refused to undergo surgery. 2. In this context, Para 3, Chapter V, GMO 2002 clarifies that if the refusal to undergo an operation is reasonable, full disability normally admissible may be granted. Refusal to undergo an operation may be held reasonable when in the opinion of medical authorities, it is improbable that such operation would cure the disability or reduce its percentage, or if such operation may be severe and dangerous to life surgeries performed for Spinal Disorders e.g. PIVD have the probability to cure the disability. However, there are underlying complications. Recurrence of symptoms osteoarthritis. Therefore, the refusal of an individual to undergo surgery for Spinal Disorders e.g. PIVD stands to SURESH KUMAR 2025.07.31 18:29 I attest to the accuracy and integrity of this document CWP-20277-2025 (O&M) reason and hence should not become a reason to reduce percentage disability. 3. All units under your Chain of Command may be advised accordingly.” 6. Once the competent authority of the Army itself has taken the view that the refusal to undergo spine surgery would not be a ground to reduce the percentage of disability, we do not find any good ground for the petitioners-UOI to assail the order passed by the AFT. In such view of the matter, the present Writ Petition stands dismissed. 7. All pending applications in this case are disposed of accordingly. [ASHWANI KUMAR MISHRA] JUDGE [KULDEEP TIWARI] JUDGE July 29, 2025 Ess Kay Whether speaking / reasoned : Yes / No Whether Reportable : Yes / No SURESH KUMAR 2025.07.31 18:29 I attest to the accuracy and integrity of this document