dated 12.09.2024 Tribunal, respondent No.1 has been allowed the benefit of rounding off the dis 31.12.2015 2. gone through the case file wit 3. from service on service with the petitioners the time when respondent No. examined and was basis of which, respondent No. pension. In the present petition, the challenge is to the impugned order 12.09.2024(Annexure P-3) passed by respondent No. 2 Tribunal, Regional Bench, Chandigarh at respondent No.1 has been allowed the benefit of rounding off the disability from 20% to 50% 31.12.2015 keeping in view the facts and circumstances of the present case. We have heard learned counsel for the petitioners and have gone through the case file with her able assistance. It is conceded fact that at the time when respondent No.1 retired from service on 31.10.2006, he had already rendered more than service with the petitioners-Union of India. It is also a conceded fact that time when respondent No.1 joined the armed forces, he was examined and was found not to be suffering from any such disease, on the basis of which, respondent No.1 has been granted the benefit of disability pension. In the present petition, the challenge is to the impugned order ) passed by respondent No. 2-Armed Forces Chandigarh at Chandimandir, by which, respondent No.1 has been allowed the benefit of disability pension 0% to 50% w.e.f. 01.11.2006 to keeping in view the facts and circumstances of the present case. We have heard learned counsel for the petitioners and have h her able assistance. It is conceded fact that at the time when respondent No.1 retired , he had already rendered more than 28 years of Union of India. It is also a conceded fact that 1 joined the armed forces, he was medically suffering from any such disease, on the 1 has been granted the benefit of disability In the present petition, the challenge is to the impugned order Armed Forces , by which, by 2006 to keeping in view the facts and circumstances of the present case. We have heard learned counsel for the petitioners and have It is conceded fact that at the time when respondent No.1 retired years of Union of India. It is also a conceded fact that at medically suffering from any such disease, on the 1 has been granted the benefit of disability ANJAL GUPTA 2025.08.22 17:01 I attest to the accuracy and integrity of this document 4. was placed at Low Medical Category for the diagnosis of Thrombosis(LT) Lower Limb disability of respondent No.1 military service and disability was assessed respondent No.1 was granted service pension vide PCDA (P) Allahabad vide pension payment order No.S/034716/2006 dated 21.08.2006 but he given the benefit of served a legal notice dated 12.01.2019 of rounding off benefits of disability pension w.e.f. 01.11.2006 i.e. date of his suppeannuation. Thereafter, the Army legal notice dated 12.01.2019 vide Letter No.AAD/JC296394H/DP/Pen dated 15.03.2019 in which petitioner No.4 rejected to grant rounding off disability element from 01.11.2006 to respondent No.1. 5. disability- the military service. Board has conceded of the officer concerned of filing of contrary to the recommendations of the Medical Board itself. 5. rounding off of disability pension, the issue has been settled by Supreme Court of India in A perusal of the records reveals that was placed at Low Medical Category for the diagnosis of Thrombosis(LT) Lower Limb. The Release Medical Board has assessed the disability of respondent No.1 and has regarded military service and disability was assessed respondent No.1 was granted service pension vide PCDA (P) Allahabad vide pension payment order No.S/034716/2006 dated 21.08.2006 but he given the benefit of rounding off. After a gap of 12 years, respondent No.1 legal notice dated 12.01.2019 to the petitioner rounding off benefits of disability pension w.e.f. 01.11.2006 i.e. date of his suppeannuation. Thereafter, the Army legal notice dated 12.01.2019 vide Letter No.AAD/JC296394H/DP/Pen dated 15.03.2019 in which petitioner No.4 rejected to grant rounding off disability element from 01.11.2006 to respondent No.1. Even the Medical Board had come to the conclusion that the -Deep Vein Thrombosis(LT) Lower Limb the military service. Keeping in view this fact also, when even the Medical Board has conceded to the fact that the disease whic of the officer concerned has been aggravated by the military service, the filing of this petition by the Union of In contrary to the recommendations of the Medical Board itself. Further, with regard to the grievance of the petitioner qua the rounding off of disability pension, the issue has been settled by Supreme Court of India in Union of India and others vs. Ram Avtar ds reveals that initially respondent No.1 was placed at Low Medical Category for the diagnosis of Deep Vein . The Release Medical Board has assessed the regarded the same as attributable to military service and disability was assessed @ 20% for life. Thereafter, respondent No.1 was granted service pension vide PCDA (P) Allahabad vide pension payment order No.S/034716/2006 dated 21.08.2006 but he was rounding off. After a gap of 12 years, respondent No.1 to the petitioner(s) for grant of benefit rounding off benefits of disability pension w.e.f. 01.11.2006 i.e. date of his suppeannuation. Thereafter, the Army Air Defence records replied to the legal notice dated 12.01.2019 vide Letter No.AAD/JC296394H/DP/Pen dated 15.03.2019 in which petitioner No.4 rejected to grant the benefit of rounding off disability element from 01.11.2006 to respondent No.1. en the Medical Board had come to the conclusion that the Deep Vein Thrombosis(LT) Lower Limb has been aggravated Keeping in view this fact also, when even the Medical that the disease which led to the invalidation aggravated by the military service, the petition by the Union of India against the order impugned contrary to the recommendations of the Medical Board itself. Further, with regard to the grievance of the petitioner qua the rounding off of disability pension, the issue has been settled by Hon’ble Union of India and others vs. Ram Avtar, 2014 initially respondent No.1 Deep Vein . The Release Medical Board has assessed the as attributable to 20% for life. Thereafter, respondent No.1 was granted service pension vide PCDA (P) Allahabad vide not rounding off. After a gap of 12 years, respondent No.1 benefit rounding off benefits of disability pension w.e.f. 01.11.2006 i.e. date of Air Defence records replied to the legal notice dated 12.01.2019 vide Letter No.AAD/JC296394H/DP/Pen the benefit of en the Medical Board had come to the conclusion that the vated by Keeping in view this fact also, when even the Medical h led to the invalidation aggravated by the military service, the act against the order impugned is Further, with regard to the grievance of the petitioner qua the Hon’ble 2014 ANJAL GUPTA 2025.08.22 17:01 I attest to the accuracy and integrity of this document SCC Online SC 1761 the Armed Forces, who had undergone the medical examination at the time of his/her upon suffering pension by rounding off the same as the presumption employer attributable to the Military service. Relevant paras of the judgment in Avtar’s case (supra) are as under: SCC Online SC 1761 wherein it has been held t the Armed Forces, who had undergone the medical examination at the time of his/her enrollment and was found to be upon suffering with a disability, is entitled to the benefit of disability by rounding off the same as the presumption would be that the disability suffered attributable to the Military service. Relevant paras of the judgment in 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 attri aggravated by the military service, is entitled to be granted the benefit of rounding appellant(s) herein would contend that, on the basis of Circular No. 1(2)/97/D(Pen 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. 5. We have heard learned counsel 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 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.” it has been held that any officer serving in the Armed Forces, who had undergone the medical examination at the time to be fit, is subsequently found to be a disability, is entitled to the benefit of disability by rounding off the same as the presumption in favour of such an would be that the disability suffered during his service attributable to the Military service. Relevant paras of the judgment in Ram 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 rnment 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 We have heard learned counsel for the parties to 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. al 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.” any officer serving in the Armed Forces, who had undergone the medical examination at the time found to be a disability, is entitled to the benefit of disability in favour of such an during his service is Ram 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 butable to or aggravated by the military service, is entitled to be granted off of disability pension. The appellant(s) herein would contend that, on the basis of C) issued by the Ministry of rnment 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 for the parties to We do not see any error in the impugned judgment(s) and order(s) and therefore all the appeals off of the al 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, ANJAL GUPTA 2025.08.22 17:01 I attest to the accuracy and integrity of this document 6. the said proposition of law having been settled by the Hon’ble Supreme Court of India in disability is to be rounded off and when applied in present case disability of 20% is to be rounded off to 50% 7. as well as the settled principle of law settled in once at the ti and was found period that Thrombosis(LT) Lower Limb attributed to the military as per the settled principle of law settled in 8. 9. impugned order dated facts or the settled principle of law, no interference by this Court in the facts and circumstances of the present case. 10. Learned counsel for the petitione the said proposition of law having been settled by the Hon’ble Supreme Court of India in Ram Avtar’scase (supra) to the effect that percentage of disability is to be rounded off and when applied in present case disability of is to be rounded off to 50%. Keeping in view the facts and circumstance of the present case as well as the settled principle of law settled in once at the time of enrollment, respondent No. found to be fit in all respects and it was only during that respondent No.1 was found to be Thrombosis(LT) Lower Limb. That being so, the said disabilit attributed to the military service and that too, by rounding off the disability as per the settled principle of law settled in No other argument has been raised. Hence, in the absence of any perversity being pointed out in the impugned order dated 12.09.2024(Annexure P facts or the settled principle of law, no interference by this Court in the facts and circumstances of the present case. Accordingly, the writ petition is dismissed. Learned counsel for the petitioners has not been able to dispute the said proposition of law having been settled by the Hon’ble Supreme e (supra) to the effect that percentage of disability is to be rounded off and when applied in present case disability of Keeping in view the facts and circumstance of the present case as well as the settled principle of law settled in Ram Avtar’scase (supra), , respondent No.1 was medically examined fit in all respects and it was only during his service to be suffering from the Deep Vein . That being so, the said disability has to be and that too, by rounding off the disability as per the settled principle of law settled in Ram Avtar’s case (supra). No other argument has been raised. Hence, in the absence of any perversity being pointed out in the 24(Annexure P-3) 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. Accordingly, the writ petition is dismissed. has not been able to dispute the said proposition of law having been settled by the Hon’ble Supreme e (supra) to the effect that percentage of disability is to be rounded off and when applied in present case disability of Keeping in view the facts and circumstance of the present case case (supra), 1 was medically examined service Vein to be and that too, by rounding off the disability Hence, in the absence of any perversity being pointed out in the either on the basis of the ground is made out for any interference by this Court in the facts and circumstances of the present case. ANJAL GUPTA 2025.08.22 17:01 I attest to the accuracy and integrity of this document