JUDGMENT

Amit Rawal, J.

1. This order shall dispose of six writ petitions ie., WP(C) No.818 of 2024, WP(C) No.16857 of 2024, WP(C) No.16862 of 2024, WP(C) No.23112 of 2024, WP(C) No.2458 of 2024 filed by the Union of India and WP(C) No.43207 of 2023 filed by Havildar Anil Kumar NS against the order of the Armed Forces Tribunal.

2. The question involved in all the cases is whether the ex-service men who have been discharged or superannuated from service for having disability more than 20% would be entitled for disability pension or not.

3. Government of India initially came out with a regulation called ' Pension Regulations for the Army 1961'. The Primary conditions for the grant of disability pension is enumerated in regulation 173 which provides that unless otherwise specifically provided, a disability pension consisting of service element and disability can be granted to an individual invalidated out of service on account of a disability attributable to or aggravated by military service in non-battle casualty and assessed as 20%, what is deduced from regulation 173 is, for entitlement of disability pension, an individual/armed force personal must have 20% disability. Whereas Regula