HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 794/2024 UOI and Others .....Applicant(s)/Petitioner(s) Through :- Mr. Divyanshu Malhotra, Advocate vice Mr. Suneel Malhotra, CGSC v/s Gurmeet Singh .....Respondent(s) Through :- None CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE ORDER 22.09.2026 1. Impugned in this petition, filed under Article 226 of the Constitution of India by the Union of India, is an order and judgment dated 28.04.2022 passed by the Armed Forces Tribunal, Srinagar Bench at Jammu [“the Tribunal”] in OA No. 383/2019 titled “Ex. Sepoy Gurmeet Singh vs. Union of India and Others”, whereby the Tribunal has allowed the OA of the respondent holding him entitled to disability element of pension at 40% for life rounded off to 50% from the date of discharge, i.e., 31.08.2016. 2. The impugned judgment is called in question by the petitioners, primarily, on the ground that the Tribunal has not appreciated that the disability incurred by the respondent, i.e., ‘VESTIBULAR SCWANNOMA (LT) OPTD, POST GKS (11-81)’ is neither attributable to nor aggravated by Army service (NANA). Sr. No. 19 2 3. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the issue raised by the petitioners in this petition is no longer res integra and has been elaborately discussed in the judgment rendered in a batch of writ petitions with lead case WP (C) No. 3173/2023 titled “Union of India and Others vs. Nirman Singh Jamwal”. 4. The disability of the nature incurred by the respondent has been held to be aggravated by Army service. 5. In view of the aforesaid, we find no merit in this petition and the same is, accordingly, dismissed. (Shahzad Azeem) (Sanjeev Kumar) Judge Judge JAMMU 22.09.2026 Manik