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2025 Supreme(Online)(P&H) 4599

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSIMRAN SINGH SETHI, VIKAS SURI, JJ
UNION OF INDIA MINISTRY OF DEFENCE AND OTHERS – Appellant
Versus
PREM PRAKASH SHARMA AND ANOTHER – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Randeep Tanwar, Senior Panel Counsel
For the Respondents:

Table of Content
1. challenge of tribunal order on disability pension. (Para 1 , 2 , 3)
2. assessment and principles regarding rounding off disability pension. (Para 4 , 5 , 6 , 7 , 8 , 9)

HARSIMRAN SINGH SETHI , J. (Oral)

1. In the present petition, the challenge is to the impugned order dated 05.03.2025 (Annexure P-3) passed by respondent No.2-Armed Forces Tribunal, Regional Bench, Chandigarh, (for short, ‘the Tribunal’) by which, respondent No.1 has been allowed the benefit of disability pension by rounding off the disability element @ 50% as against 20% w.e.f. 01.01.1996 for life on the ground that the same is perverse.

2. The only argument raised by learned counsel for the petitioners is that respondent No.1 is not entitled to the benefit of rounding off the disability pension from 20% to 50% by placing reliance upon the judgment of in Civil Appeal No. 5591-2006 titled as KJS Buttar vs. Union of India and another, decided on 31.03.2011 and Civil Appeal No.418-2012 Union of India and others vs. Ram Avtar, decided on 10.12.2014 is incorrect and the facts of the present case have not been appreciated in correct perspective by the Tribunal while passing the impugned order dated 05.03.

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