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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harsimran Singh Sethi, Vikas Suri, JJ
Union of India – Appellant
Versus
Ex. Hav. Dharam Singh – Respondent
| Table of Content |
|---|
| 1. entitlement to disability pension requires proper assessment. (Para 1 , 4 , 5) |
| 2. arguments regarding legal precedents are critical for determining pension benefits. (Para 2 , 10) |
| 3. established case law supports the rounding off of disability percentages. (Para 6 , 8 , 9) |
| 4. rounding off of disability pensions is affirmed as a legal principle. (Para 7) |
| 5. final dismissal of the appeal based on established law. (Para 11) |
Harsimran Singh Sethi, J. (Oral)
1. In the present petition, the challenge is to the impugned order dated 25.10.2023 (Annexure P-1) 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 30% 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 30% to 50% by placing reliance upon the judgment in Civil Appeal No. 5591-2006 titled as KJS Buttar vs. Union of India and another, decided on 31.03.2011 a
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