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2026 Supreme(Online)(P&H) 4032

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
UNION OF INDIA AND OTHERS – Appellant
Versus
DESH RAJ AND ANOTHER – Respondent


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

229 Date of Decision: 17.02.2026 UNION OF INDIA AND ORS ...Petitioners Versus DES RAJ AND ANR ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present:- Mr. Vishal Sharma, Senior Standing Counsel, for the petitioners.

None for respondent No.1.

*****

HARSIMRAN SINGH SETHI , J. (ORAL)

1. In the present petition, the challenge is to the impugned order dated 20.11.2023 (Annexure P-1) passed by the Armed Forces Tribunal, Regional Bench, Chandigarh (hereinafter referred to as ‘the Tribunal’), by which, the respondent No.1 has been held to be entitled for disability element of disability pension @ 50% as against 30% for life from the date of his discharge i.e. 01.11.2016.

2. Learned counsel for the petitioners places reliance upon the report of the Release Medical Board of respondent No.1 to hold that though the disability of “Primary Hypertension (old)” has been found to be existing in respondent No.1, but the same has been assessed by the Release Medical Board to be ‘neither attributable to nor aggravated by the Military service’. Hence, the grant of benefit of disability pension @ 50% to respo

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