IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

239 Date of Decision: 02.09.2025 UNION OF INDIA AND OTHERS ...Petitioners Versus ARMY No.3169847-M, EX. RECT RAM PHAL SINGH AND ANOTHER ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present:- Mr. Rohit Verma, Senior Panel Counsel, for the petitioners.

Mr. Akash Kundu, Advocate for respondent No.1.

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HARSIMRAN SINGH SETHI , J. (ORAL)

1. In the present petition, the challenge is to the impugned order dated 30.03.2023 (Annexure P-1) passed by respondent No.2-Armed Forces Tribunal, Regional Bench, Chandigarh (hereinafter referred to as ‘Tribunal’) by which, the disability element of the pension declined to respondent No.1 after conduction of RSMB of respondent No.1 on 03.04.1984, whereby disability was assessed at less than 20%, has been restored by the Tribunal.

2. It may be noticed that respondent No.1 was enrolled in the Army on 20.07.1978 and was invalidated out on 11.04.1980 on medical grounds as the officer was found to be suffering from ‘Tubercular Pleural Effusion RT (IMB) (RT). The Medical Board at that time assessed the disability as 40% for a period of two years i.e. 1980 to