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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ASHWANI KUMAR MISHRA, KULDEEP TIWARI
Union Of India – Appellant
Versus
No. 13742023 ex nk milap chand – Respondent
JUDGMENT :
Ashwani Kumar Mishra, J. (Oral)
As the issue involved in this bunch of 3 petitions is identical, these are being disposed of vide a common order and judgment. However, for facility of reference, the facts are being derived from CWP No. 1947 of 2025.
2. This petition i.e. CWP No.1947 of 2025 is filed by the Union of India assailing an order of the Tribunal dated 25.02.2020 (Annexure P.l) passed in OA No.2118 of 2019. The Tribunal by its judgment has granted the benefit of disability pension to the applicant- respondent, who was granted re-employment in Defence Security Corps (hereinafter referred as, 'the DSC') and had been discharged. The Tribunal has relied upon the judgment of the Supreme Court in Union of India and others vs. Ram Avtar - Civil Appeal No.418 of 2012 decided on 10.12.2014 to grant following relief: -
'11. The question now arises as to whether the applicant is entitled to the benefit of rounding of in this case by virtue of the judgment of the Hon'ble Supreme Court rendered in Civil Appeal No.418 of 2012 (Union of India and others vs. Ram Avtar) decided on 10.12.2014 and according to this judgment, the applicant is entitled to the benefit of rounding off. So
The ruling establishes that military personnel injured during service are entitled to a presumption of service-related disability, potentially increasing pension benefits to 50%.
The court held that the Medical Board's opinion on disability attribution is final unless contradicted by substantial evidence, emphasizing the need for a clear connection between the disability and ....
Disability pension claims must be substantiated by evidence proving the disability's connection to military service, as medical board opinions are final unless contradicted.
Entitlement to disability pension is affirmed based on service-related disabilities, with adjustments as per relevant statutes and precedents.
Invalid pension eligibility extends to Armed Forces personnel invalided before the relaxation cut-off, upholding fairness under constitutional provisions.
Disability pension claims must establish a direct connection to military service, with the burden of proof on the claimant, especially under new regulations.
The Tribunal erred in granting disability pension without jurisdiction and misapplying the applicable regulations, lacking proof of causal connection to military service.
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