IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 23.02.2026 CWP-5434-2026 UNION OF INDIA AND ORS ...Petitioners Versus EX SEPOY GURMUKH SINGH ...Respondent

119 CWP-5453-2026 UNION OF INDIA AND ORS ...Petitioners Versus EX SEPOY HARI SINGH ...Respondent

121 CWP-5479-2026 UNION OF INDIA AND ORS ...Petitioners Versus HAVILDAR PAWAN KUMAR ...Respondent

127 CWP-5608-2026 UNION OF INDIA AND ORS ...Petitioners Versus COL SANDEEP SATWALEKAR (RETD) AND ANR ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present:- Mr. Rohit Verma, Senior Standing Counsel, for the petitioners in CWP-5608-2026.

Mr. N.K. Verma, Senior Standing Counsel, for the petitioners in remaining three writ petitions.

Mr. Arishit Goel, Advocate, for respondent No.1 in CWP-5608-2026.

*****

HARSIMRAN SINGH SETHI , J. (ORAL)

1. By this order, we propose to dispose of aforementioned four writ petitions by a common order as the issue involved in these writ petitions is the same. With the consent of learned counsel for the parties and for the sake of convenience, facts are being taken from CWP-5479-2026.

2. In the present petition, the challenge is to the impugned order dated 13.03.2023 (Annexure P-1) passed by the learned 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 20% for life w.e.f.

02.06.2009 and also the arrears thereof.

3. Learned counsel for the petitioners places reliance upon the report of the Release Medical Board of respondent No.1 to hold that though the disabilities of “(I) DM Type-11, (ii) Multiple Cervial & Lumber Disc Degeneration with PIVD C4-5 & 4-5 and (iii) Spina Bifida LV-5 SI” have been found in respondent No.1, but disability Nos.(i) and (iii) have been held by the Release Medical Board to be ‘neither attributable to nor aggravated by the Military service’ and disability No.(ii) considered as aggravated by military service. Further, at the time of release, his disability was assessed @20% composite for life and held to be neither attributable to nor aggravated by military service but less than 20%. Hence, the grant of benefit of disability pension and the benefit of round off @ 50% to respondent No.1 by the Tribunal vide impugned order dated 13.03.2023 (Annexure P-1) by placing reliance upon the judgment of Hon’ble Supreme Court of India in Union of India and others vs. Ram Avtar , 2014 SCC Online SC 1761 and Dharamvir Singh versus Union of India and others, (2013) 7 SCC 316, is incorrect.

4. We have heard learned counsel for the petitioners and have gone through the case file with their able assistance.

5. In the present case, it is a conceded fact that respondent No.1 was recruited in Army on 27.05.1985 and was discharged on 01.06.2009 under the low medical category. Once, respondent No.1 has served for a period of 24 years and 05 days, the disability which has occurred during the service period has to be attributed to the military service and there could be a possibility that the same was aggravated by the military service keeping in view the various postings on which respondent No.1 has served during 24 years of service with the petitioner-Union of India. It is also a conceded fact that at the time when the respondent No.1 joined the armed forces i.e. 27.05.1985, he was medically examined and was not found suffering from any such disease, on the basis of which, respondent No.1 was ultimately discharged from service on 01.06.2009 after completing 24 years and 05 days of service.

6. As per the principle settled by Hon’ble Supreme Court of India in D haramvir Singh versus Union of India and others, (2013) 7 SCC 316, , which has also been considered by the Tribunal in the impugned order dated 13.03.2023 (Annexure P-1), any officer serving in the Armed Forces, who had undergone the medical examination at the time of his/her sele