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High Court of Jammu and Kashmir · body

2026 DAILYLAW 566 (JK)

MOHAN LAL v. UNION OF INDIA TH SECRETARY, MINISTRY OF DEFENCE, NEW DELHI AND OTHERS

WP(C)/408/2026 · 2026-03-11

Sanjay Parihar, Sanjeev Kumar

Review Petitionbody2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 408/2026 No. 13946891-F Ex. Naik Mohan Lal S/o Gauri Ram, R/o Village Najwa P.O. Khairi, Tehsil Bishnah, Distt. Jammu (J&K), 181132. Date of pronouncement: 11.03.2026 Date of uploading: 12.03.2026 …..Appellant(s)/Petitioner(s) Through: Mr. Sanjog Khatri, Advocate Mr. Chakshu Sharma, Advocate (th. VC) vs 1. Union of India through its Secretary to Govt. of India, Ministry of Defence, New Delhi-110001. 2. The Armed Forces Tribunal Srinagar Bench at Jammu, Sunjwan Cantt- 180011. 3. The Chief of the Army Staff, Integrated Headquarters of Ministry of Defence (Army), Adjutant General’s Branch, Additional Directorate General Personnel Services, DHQ, PO New Delhi-110011. 4. The Principal Controller Defence Accounts (Pension) Grant Section, Allahabad, Uttar Pradesh-211014. 5. The Record Officer-AMC Record, Lucknow. .…. Respondent(s) Through: Mr. Vishal Sharma, DSGI with Mr. Karan Sharma, CGSC CORAM: HON‟BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON‟BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER (ORAL) 11.03.2026 Sanjeev Kumar „J‟ 1. Impugned in this petition, filed by one namely Mohan Lal under Article 226 of the Constitution of India is an order and judgment dated 26.07.2019, passed by Armed Forces Tribunal, Regional Bench, Srinagar at Jammu [for short “the Tribunal”] in OA No. 223 of 2019 titled “Mohan Lal Vs. Union of India and others”, whereby Serial No. 02 2 WP (C) No. 408/2026 the petitioner has been held entitled to the benefit of rounding off w.e.f. 01.10.1998 i.e. the discharge of the petitioner but has restricted the arrears to three years preceding the date of filing of the OA. Initially, the petitioner filed a review petition before the Tribunal, but the same was dismissed being barred by limitation. This is how the petitioner is before us to assail the impugned order dated 26.07.2009. 2. Having heard learned counsel for the parties and perused the material available on record, we are of the considered view that the issue raised in this petition is squarely covered by the judgment of the Hon’ble Supreme Court rendered in the case of “Union of India And others Vs. SGT Girish Kumar and others”; 2026 INSC 149, which has been followed by this Bench in WP(C) No. 299/2026 titled “Union of India and others Vs. Ex Naik Jagdish Raj” dated 16.02.2026. 3. In view of the aforesaid, the judgment passed by the Tribunal is modified to the extent that the petitioner would be entitled to the benefit of rounding off from 20% to 50% of his pension w.e.f. 01.10.1998. The arrears payable shall attract a simple interest @ 6% per annum. 4. The judgment impugned passed by the Tribunal is modified to the aforesaid extent and this petition is disposed of. The respondents shall comply with the judgment within three months from today. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge Jammu 11.03.2026 Vishal Sharma Whether the order is reportable? Yes/No Whether the order is speaking? Yes/No