Disability pension rounding-off upheld, with entitlement restricted to three years for arrears.

HARSIMRAN SINGH SETHI , J. (ORAL)

1. This order shall dispose of four writ petitions i.e. CWP-29367- 2025, CWP-29368-2025, CWP-29369-2025, CWP-29436-2025, CWP- 29515-2025 and CWP-29523-2025 as the issues involved in these cases are same. All the cases are heard together with the consent of learned counsels for the petitioner and are being decided by a common judgment. For reference, facts have been taken from CWP-29367-2025.

2. In the present petition, the challenge is to the impugned order dated 15.07.2024 (Annexure P-3) 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 50 % to 75 %

w.e.f. 01.01.1996 to 31.12.2015.

3. The argument raised by the learned counsels for the petitioner is that the Tribunal has wrongly granted the benefit of rounding off the disability pension from 50% to 75% vide order dated 15.07.2024 (Annexure P-3) by placing reliance upon the judgment of Hon’ble Supreme Court of India in K.J.S. Buttar vs. Union of India and others, 2011 STPL (Web) 316 and Union of India and others vs. Ram Avtar , 2014 SCC Online SC 1761 . They have further argued that the benefit of arrears granted to respondent No.1, in pursuance to the benefit of rounding off disability pension from 50% to 75%, which has been granted to respondent No.1 for whole of the intervening period, is incorrect in view of the judgment in Shiv Dass vs. Union of India and others, (2007) 9 SCC 274 , wherein the Hon’ble Supreme Court has explicitly settled that where a claim is raised after a delay, Courts should restrict the benefit of arrears to 03 years preceding the filing of the Original Application hence, the grant of disability pension by rounding off @ 50% along with arrears for whole of the intervening period, is incorrect.

4. We have heard learned counsel for the petitioners and have gone through the case file with their able assistance.

5. So far as the grievance of petitioners qua grant of benefit of rounding off the disability, it shall be noted that as per the settled principle of law settled by Hon’ble Supreme Court of India in Union of India and others vs. Ram Avtar , 2014 SCC Online SC 1761, any officer serving in the armed forces, who had undergone the medical examination at the time of his/her selection and was found fit, subsequently upon suffering a disability, is entitled to the benefit of disability pension by rounding off the same as the presumption would be that the disability suffered is attributable to the military service. Relevant paras of the judgment in Ram Avtar’s case (supra) are as under:-

“4. By the present set of appeals the appellant(s) raise the question, whether or not, an individual, who has retired on attaining the age of superannuation or on completion of his tenure of engagement, if found to be suffering from some disability which is attributable to or aggravated by the military service, is entitled to be granted the benefit of rounding-off of disability pension. The appellant(s) herein would contend that, on the basis of Circular No. 1(2)/97/D(Pen-C) issued by the Ministry of Defence, Government of India, dated 31.01.2001, the aforesaid benefit is made available only to an Armed Forces Personnel who is invalidated out of service, and not to any other category of Armed Forces Personnel mentioned hereinabove.

5. We have heard learned counsel for the parties to the lis.

6. We do not see any error in the impugned judgment(s) and order(s) and therefore all the appeals which pertain to the concep