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, he is entitled to the benefit of disability pension @50% as against 40% for life.

12. The Original Application is, accordingly, allowed. The respondents are directed to calculate the arrears accordingly and to pay the same to the applicant within a period of three months from the date of receipt of a certified copy of this order by the learned counsel for the respondents/ OIC, Legal Cell, failing which the arrears shall carry an interest @ 8% p.a from the date of this order.

3. This order of the Tribunal passed in the month of February, 2020 is sought to be assailed by filing a petition on 08.11.2024. There is absolutely no reason disclosed in the petition as to why such a belated attempt is made to assail the judgment of the Tribunal. However, we have proceeded to examine the grievance of the petitioner on merits as well.

4. The undisputed facts giving rise to the case are as under:-

The respondent- Milap Chand was employed in Indian Army on 17.01.1979 on the post of Sepoy. He was discharged from the post of Naik on 01.10.1998. It is not in dispute that for this period of engagement, the respondent has been granted service pension along with gratuity. It is after expiry of about four years that the respondent- Milap Chand was then engaged in DSC on 30.09.2002. He has been invalided out on 01.01.2017. The extent of disability certified by the competent authority is 40%. The Tribunal relying upon the judgment in a series of cases by the Hon'ble Supreme Court has held the respondent to be entitled to disability pension by rounding it off to 50%. This is as against 40% of the disability for life determined by the relevant competent authority. For the purpose of granting such benefit, the Tribunal has also referred to Regulation 179 of the Pension Regulations for the Army, 1961. The writ petition has been filed assailing the order of the Tribunal primarily on the ground that the respondent could not have been treated to have been invalided out, inasmuch as the provisions, as have been relied upon by the Tribunal i.e. Regulation 179 has been mis-quoted and misread. An attempt is also made to contend that the pension for service element would also not be admissible to the respondent since his period of engagement was below 15 years.

5. Mr. Navdeep Singh, Advocate, appearing for the respondent has opposed the contention of the petitioner relying upon the various provisions of the Army Regulations to contend that the issue sought to be raised by the Union of India has been successively rejected not only by this Court but also by other High Courts and the Supreme Court. Learned counsel submits that repeated attempts to revive the same contention is clearly resulting in harassment for the retired defence persons.

6. We have heard learned counsel for the parties an