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2025 Supreme(P&H) 1826

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSIMRAN SINGH SETHI, VIKAS SURI
Union of India – Appellant
Versus
Sukhvinder Singh – Respondent


Advocates appeared:
For the petitioners: Ms. Jyoti Choudhary, Senior Panel Counsel

JUDGMENT

HARSIMRAN SINGH SETHI , J. (ORAL)

1. In the present petition, the challenge is to the impugned order dated 11.07.2024 (Annexure P-1) passed by respondent No. 2-Armed Forces Tribunal, Regional Bench, Chandigarh (hereinafter referred to as ‘Tribunal’), by which, respondent No.1 has been allowed the benefit of disability pension by rounding off the disability element from 20 % to 50 % from the date of of discharge i.e. 01.02.2021, on the ground that the same is perverse.

2. Learned counsel for the petitioners places reliance upon the report of Release Medical Board of respondent No. 1 to hold that though the disability of “CNS (INV) Paraparesis and B12 Deficiency” assessed @ 10% for life has been found in respondent No.1, but the same has been held by the Release Medical Board to be ‘neither attributable to Military Service nor aggravated by the Military service’. Hence, the grant of benefit of disability pension to respondent No.1 by the tribunal vide order dated 11.07.2024 (Annexure P-1) by placing reliance upon the judgment of Hon’ble Supreme Court of India in Dharamvir Singh versus Union of India and others, (2013) 7 SCC 316 and Sukhvinder Singh vs. Union of India and others

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