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2025 Supreme(Online)(P&H) 10584

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
UNION OF INDIA AND OTHERS – Appellant
Versus
RAM DARSHAN ROY AND ANOTHER – Respondent


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

No.629874 Ex SGT Ram Darshan Roy 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.

***

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 respondent No.1, who had rendered 29 years of qualifying service from 01.02.1985 to 31.01.2014, as while in service he had suffered ‘primary hypertension’.

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 submissions in the light of averments which were on record before the Tribunal and the judgment passed by it and f

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