UNION OF INDIA & Ors. v. RAJ SINGH

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI CORAM: HON'BLE MR. JUSTICE DEEPAK MANCHANDA DEEPAK MANCHANDA Present: Mr. Rohit Verma, Advocate for the Advocate for the petitioners. HARSIMRAN SINGH SETHI, J. (Oral) HARSIMRAN SINGH SETHI, J. (Oral) HARSIMRAN SINGH SETHI, J. (Oral)

1. challenge is to the impugned order In the present petition, the challenge is to the impugned order challenge is to the impugned order dated 03.05.2024

03.05.2024 (Annexure P-1) passed by respondent No.2 Armed Forces 1) passed by respondent No.2-Armed Forces Tribunal, Regional Bench, Chandigarh, ( for short, ‘the Tribunal’), Tribunal, Regional Bench, Chandigarh, ( for short, ‘the Tribunal’) Tribunal, Regional Bench, Chandigarh, ( for short, ‘the Tribunal’) element of respondent No.1 has been allowed the benefit of disability element of respondent No.1 has been allowed the benefit of which, respondent No.1 has been allowed the benefit of disability % to 50%, pension along with the benefit of rounding off from 20% to 50% pension along with the benefit of rounding off on the ground that the same is perverse. on the ground that the same is perverse.

2. Learned counsel for the petitioner submits that the respondent Learned counsel for the petitioner submits that the respondent Learned counsel for the petitioner submits that the respondent No.1 had joined the service on 15.10.1980 and was discharged on No.1 had joined the service on 15.10.1980 and was discharged on No.1 had joined the service on 15.10.1980 and was discharged on No.1 had joined the service on 15.10.1980 and was discharged on 6 and since the disability suffered by the respondent No.1 30.11.1996 and since the disability suffered by the respondent No.1 6 and since the disability suffered by the respondent No.1 30.11.199 “BILATERAL SENSORY NEURAL HEARING LOSS “BILATERAL SENSORY NEURAL HEARING LOSS “BILATERAL SENSORY NEURAL HEARING LOSS “BILATERAL SENSORY NEURAL HEARING LOSS (NOISE (NOISE (NOISE (NOISE INDUCED”, was assessed at 20%for life, INDUCED”, but the same has been assessed as was assessed at 20%for life, but the same has been assessed as to be “neither attributable to nor aggravated by the to be “neither attributable nor aggravated by the Military Service” and hence, the grant of benefit of disability pension to respondent No.1 by hence, the grant of benefit of disability pension to respondent No.1 by hence, the grant of benefit of disability pension to respondent No.1 by hence, the grant of benefit of disability pension to respondent No.1 by Dharamvir Singh vs. placing reliance upon the judgment of Tribunal in Dharamvir Singh vs. placing reliance upon the judgment of Tribunal in placing reliance upon the judgment of Tribunal in