111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 07.02.2025 Union of India and others …Petitioners Vs.

Ex JWO Nagar Mal Sharma and another …Respondents CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present: Mr. S.K. Sharma, Senior Panel Counsel for the petitioners.

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SANJEEV PRAKASH SHARMA, J. (Oral)

1. This writ petition assails the order dated 10.10.2024, passed by the Armed Forces Tribunal, Regional Bench, Chandigarh, whereby the Tribunal directed to release the disability pension to the officer, who had rendered 38 years and 12 days of qualifying service from 20.10.1984 to 31.10.2022 as while in service he had suffered serious ailments including : (i) CVA (RT) middle cerebral artery stroke (old), (ii) dyslipidemia (old) and (iii)

primary hypertension (old).

2. Learned counsel submits that since he has continued to serve with the forces, the disability pension ought not be released and the disability would not be treated as attributable and aggravated due to military service. The medical board has not given its opinion that the disease was caused on account of military service.

3. We have carefully considered the