HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through Virtual Mode From Srinagar)

WP(C) No. 3048/2024 Reserved on : 06.06.2025 Pronounced on:30.08.2025

1.Union of India through its Secretary to Government of India, Ministry of Defence, South Block, New Delhi-110011.

2.Additional Director General Personnel Services, Adjutant General's Branch, Integrated HQ of Ministry of Defence (army), DHQ PO, Mew Delhi-110011.

3. Principal Controller of Defence Accounts (Pensions), Draupadi Ghat, Allahabad, Uttar Pradesh-211014.

4. OIC Records, Records JAK LI, Pin Code-91LOL7, Clo 56 APO.

……Petitioner/Appellant(s)

Through:- Mr. Vishal Sharma, DSGI V/s Smt Kamla Devi w/o No 12880247X Ex Rfn Harbans Lal, S/o Shri Mangal Ram, R/o Village & Post Office: Thalora, District: Udhampur, Jammu and Kashmir. …….Respondent(s)

Through:- Mr. S. K. Saini, Advocate CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE

JUDGMENT

Per: Sindhu Sharma-J

1. Through the medium of the instant petition filed under Article 226 of the Constitution of India, the petitioners seek quashing of order dated 01.08.2023 passed by the Armed Forces Tribunal Srinagar, Bench at Jammu ( for short ‘AFT’) in OA 677/2018 titled Smt. Kamla Devi vs. Union of India and others, by virtue of which the applicant-respondent herein has been held entitled to the grant of disability pension @ 50% against disability of 40% assessed compositely for the diseases Diabetes Mellitus and primary Hypertension.

2. Briefly stated the facts of the case are that the husband of the respondent (since deceased), Ex-Rfn Harbans Lal, was initially enrolled in the Indian Army on 13.03.1979 and was discharged therefrom on 30.09.1995 in medical category SHAPE–1. He was granted service pension for the said spell of service. He was re-enrolled in 129 Territorial Army (Ecological Battalion) on 13.01.2000 and invalided out this service on 31.08.2015 in Low Medical Category.

3. At the time of his discharge, he was brought before Invaliding Medical Board and was found to be suffering from the following four disabilities:

(i) Diabetes Mellitu (ii) Morbid Obesity, (iii) Primary Hypertension, and (iv) Dyslipidemia.

4. Out of the aforementioned disabilities, Morbid Obesity and Dyslipidemia were opined to be neither attributable to nor aggravated by military service. The remaining two disabilities, Diabetes Mellitus and Primary Hypertension, were assessed at 40% (composite) and were considered attributable to and aggravated by military service. The composite disability for all four conditions was assessed at 50%. The claim for grant of disability pension was, however, rejected on the ground that, as per the Government policy, members of the Territorial Army (Ecological Battalion) are not entitled to disability pension.

5. Before the AFT the respondent restricted her prayer only to the grant of disability pension for the diseases attributed to and aggravated by Military services, i.e., Diabetes Mellitus and Primary Hypertension, in respect of which disability had been compositely assessed at 40%.

6. The AFT while relying upon the judgment of Supreme Court in case titled Pani Ram vs. Union of India and others, reported as 2021 (19) SCC 234 allowed the application of the respondent and granted disability pension @

50% against disability of 40% assessed compositely for the diseases Diabetes Mellitus and primary Hypertension.

7. The grievance of the petitioners is that the respondent was re-enrolled in the Territorial Army (Ecological) after serving in the regular army and thus, not entitled to disability pension. Reliance is placed on the following communications in support of this contention:-

a) Government of India letter No. 2(1)/92/D(GS-VI)(3) dated 30.12.1992;

b) CGDA, New Delhi letter No. A/II/13401/Ecological (TA) dated 04.11.1993;

c) Additional Directorate General, TA, Army HQ letter No. 38974/GS/TA-3(a)

dated 06.05.1994;

d) Additional Directorate General, TA, Army HQ letter dated 27.08.2003.

Additional D