Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 2067/2025
Union of India & Ors.
Date of pronouncement: 22.09.2026 Date of uploading: 24.09.2026
…..Appellant(s)/Petitioner(s)
Through: Mr. Vikas Sharma, Sr. Panel Counsel
vs
Tilak Singh
.…. Respondent(s)
Through: Mr. P. L. Sharma, Advocate
CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE
ORDER (ORAL) 22.09.2026
1. Impugned in this petition, filed by the Union of India and others under Article 226 of the Constitution of India is an order and
judgment dated 25.04.2023, passed by the Armed Forces Tribunal, Srinagar Bench at Jammu in O.A. No. 264/2022 titled “Ex. Hav. Tilak Singh Vs. Union of India & Ors,. whereby the Tribunal has allowed the O.A. of the respondent and has held him entitled to get disability element of the pension at 30% for two years rounded off to 50% from the date of discharge from service. The petitioners have further been directed to grant the disability element to the respondent at 30% for two years duly rounded off to 50% from the date of discharge and conduct Resurvey Medical Board for assessing his further entitlement of disability pension. Serial No. 23
2 WP(C) No. 2067/2025
2. The impugned judgment is challenged on the ground that the Tribunal has not correctly appreciated that the disability incurred by the respondent i.e. “ESSENTIAL HYPERTENSION 401” was neither attributable to nor aggravated by the army services.
3. Having heard learned counsel for the parties and perused material available on record, we are of the considered opinion that the issue raised by the petitioners in this petition has been elaborately dealt with and decided by this Court in “Union of India and others Vs. Nirman Singh Jamwal” in WP(C) No. 3173/2023 [2025:JKLHC- JMU:3564-DB] passed on 03.11.2025, in which it has been categorically held that the disability
“ESSENTIAL HYPERTENSION” gets aggravated due to stress and strain of the military service.
4. In view of the aforesaid, we do not find any good ground to interfere with the judgment of the Tribunal. This petition is, thus, found devoid of any merit and is, accordingly, dismissed.
5.
Disposed of.
(Shahzad Azeem) (Sanjeev Kumar)
Judge Judge
Jammu 22.09.2026 Vishal Sharma
Whether the order is reportable?:
Yes/No
Whether the order is speaking?:
Yes/No