Supreme Court
Case Details
In the present petition, the challenge is to the impugned order In the present petition, the challenge is to the impugned order In the present petition, the challenge is to the impugned order dated 12.09.2024 12.09.2024(Annexure P-3) passed by respondent No. 2 Armed Forces ) passed by respondent No. 2-Armed Forces Tribunal, Regional Bench, Chandigarh at Tribunal, , by which, Chandigarh at Chandimandir, by which, respondent No.1 has been allowed the benefit of disability pension respondent No.1 has been allowed the benefit of respondent No.1 has been allowed the benefit of by rounding off the disability from 20% to 50% rounding off the dis 2006 to 0% to 50% w.e.f. 01.11.2006 to keeping in view the facts and circumstances of the present case. 31.12.2015 keeping in view the facts and circumstances of the present case. keeping in view the facts and circumstances of the present case. 31.12.2015 2. We have heard learned counsel for the petitioners and have We have heard learned counsel for the petitioners and have We have heard learned counsel for the petitioners and have h her able assistance. gone through the case file with her able assistance. gone through the case file wit 3. It is conceded fact that at the time when respondent No.1 retired It is conceded fact that at the time when respondent No.1 retired It is conceded fact that at the time when respondent No.1 retired from service on 31.10.2006, he had already rendered more than from service on years of , he had already rendered more than 28 years of Union of India. It is also a conceded fact that at Union of India. It is also a conceded fact that service with the petitioners-Union of India. It is also a conceded fact that service with the petitioners the time when respondent No. time when respondent No.1 joined the armed forces, he was medically 1 joined the armed forces, he was medically suffering from any such disease, on the examined and was found not to be suffering from any such disease, on the suffering from any such disease, on the examined and was 1 has been granted the benefit of disability basis of which, respondent No.1 has been granted the benefit of disability 1 has been granted the benefit of disability basis of which, respondent No. pension. pension. ANJAL GUPTA 2025.08.22 17:01 I attest to the accuracy and integrity of this document 4. A perusal of the records reveals that initially respondent No.1 ds reveals that initially respondent No.1 Deep Vein was placed at Low Medical Category for the diagnosis of Deep Vein was placed at Low Medical Category for the diagnosis of was placed at Low Medical Category for the diagnosis of . The Release Medical Board has assessed the Thrombosis(LT) Lower Limb. The Release Medical Board has assessed the . The Release Medical Board has assessed the Thrombosis(LT) Lower Limb disability of respondent No.1 and has regarded disability of respondent No.1 as attributable to regarded the same as attributable to 20% for life. Thereafter, military service and disability was assessed @ 20% for life. Thereafter, military service and disability was assessed military service and disability was assessed respondent No.1 was granted service pension vide PCDA (P) Allahabad vide respondent No.1 was granted service pension vide PCDA (P) Allahabad vide respondent No.1 was granted service pension vide PCDA (P) Allahabad vide respondent No.1 was granted service pension vide PCDA (P) Allahabad vide pension payment order No.S/034716/2006 dated 21.08.2006 but he was pension payment order No.S/034716/2006 dated 21.08.2006 but he pension payment order No.S/034716/2006 dated 21.08.2006 but he not rounding off. After a gap of 12 years, respondent No.1 given the benefit of rounding off. After a gap of 12 years, respondent No.1 rounding off. After a gap of 12 years, respondent No.1 given the benefit of served a legal notice dated 12.01.2019 legal notice dated 12.01.2019 to the petitioner benefit to the petitioner(s) for grant of benefit rounding off benefits of disability pension w.e.f. 01.11.2006 i.e. date of of rounding off benefits of disability pension w.e.f. 01.11.2006 i.e. date of rounding off benefits of disability pension w.e.f. 01.11.2006 i.e. date of rounding off benefits of disability pension w.e.f. 01.11.2006 i.e. date of Air Defence records replied to the his suppeannuation. Thereafter, the Army Air Defence records replied to the his suppeannuation. Thereafter, the Army his suppeannuation. Thereafter, the Army legal notice dated 12.01.2019 vide Letter No.AAD/JC296394H/DP/Pen legal notice dated 12.01.2019 vide Letter No.AAD/JC296394H/DP/Pen legal notice dated 12.01.2019 vide Letter No.AAD/JC296394H/DP/Pen legal notice dated 12.01.2019 vide Letter No.AAD/JC296394H/DP/Pen the benefit of dated 15.03.2019 in which petitioner No.4 rejected to grant the benefit of dated 15.03.2019 in which petitioner No.4 rejected to grant dated 15.03.2019 in which petitioner No.4 rejected to grant rounding off disability element from 01.11.2006 to respondent No.1. rounding off disability element from 01.11.2006 to respondent No.1. rounding off disability element from 01.11.2006 to respondent No.1. 5. en the Medical Board had come to the conclusion that the Even the Medical Board had come to the conclusion that the en the Medical Board had come to the conclusion that the disability- Deep Vein Thrombosis(LT) Lower Limb has been aggravated -Deep Vein Thrombosis(LT) Lower Limb vated by Keeping in view this fact also, when even the Medical the military service. Keeping in view this fact also, when even the Medical Keeping in view this fact also, when even the Medical the military service. Board has conceded to the fact that the disease whic Board has conceded h led to the invalidation that the disease which led to the invalidation aggravated by the military service, the act aggravated by the military service, the of the officer concerned has been aggravated by the military service, the of the officer concerned of filing of filing of this petition by the Union of In petition by the Union of India against the order impugned against the order impugned is contrary to the recommendations of the Medical Board itself. contrary to the recommendations of the Medical Board itself. contrary to the recommendations of the Medical Board itself. 5. Further, with regard to the grievance of the petitioner qua the Further, with regard to the grievance of the petitioner qua the Further, with regard to the grievance of the petitioner qua the Hon’ble rounding off of disability pension, the issue has been settled by Hon’ble rounding off of disability pension, the issue has been settled by rounding off of disability pension, the issue has been settled by Supreme Court of India in Union of India and others vs. Ram Avtar Supreme Court of India in Union of India and others vs. Ram Avtar, 2014 2014 ANJAL GUPTA 2025.08.22 17:01 I attest to the accuracy and integrity of this document SCC Online SC 1761 wherein it has been held t SCC Online SC 1761 any officer serving in it has been held that any officer serving in the Armed Forces, who had undergone the medical examination at the time the Armed Forces, who had undergone the medical examination at the time the Armed Forces, who had undergone the medical examination at the time the Armed Forces, who had undergone the medical examination at the time of his/her enrollment and was found to be of his/her found to be to be fit, is subsequently found to be a disability, is entitled to the benefit of disability upon suffering with a disability, is entitled to the benefit of disability a disability, is entitled to the benefit of disability upon suffering in favour of such an by rounding off the same as the presumption in favour of such an by rounding off the same as the presumption pension by rounding off the same as the presumption employer would be that the disability suffered would be that the disability suffered during his service during his service is Ram attributable to the Military service. Relevant paras of the judgment in Ram attributable to the Military service. Relevant paras of the judgment in attributable to the Military service. Relevant paras of the judgment in case (supra) are as under:- Avtar’s case (supra) are as under: the present set of appeals the appellant(s) raise “4. By the present set of appeals the appellant(s) raise the present set of appeals the appellant(s) raise the question, whether or not, an individual, who has the question, whether or not, an individual, who has the question, whether or not, an individual, who has retired on attaining the age of superannuation or on retired on attaining the age of superannuation or on retired on attaining the age of superannuation or on completion of his tenure of engagement, if found to be completion of his tenure of engagement, if found to be completion of his tenure of engagement, if found to be butable to or suffering from some disability which is attributable to or suffering from some disability which is attri aggravated by the military service, is entitled to be granted aggravated by the military service, is entitled to be granted aggravated by the military service, is entitled to be granted off of disability pension. The the benefit of rounding-off of disability pension. The the benefit of rounding appellant(s) herein would contend that, on the basis of appellant(s) herein would contend that, on the basis of appellant(s) herein would contend that, on the basis of C) issued by the Ministry of Circular No. 1(2)/97/D(Pen-C) issued by the Ministry of Circular No. 1(2)/97/D(Pen rnment of India, dated 31.01.2001, the Defence, Government of India, dated 31.01.2001, the rnment of India, dated 31.01.2001, the aforesaid benefit is made available only to an Armed aforesaid benefit is made available only to an Armed aforesaid benefit is made available only to an Armed Forces Personnel who is invalidated out of service, and Forces Personnel who is invalidated out of service, and Forces Personnel who is invalidated out of service, and not to any other category of Armed Forces Personnel not to any other category of Armed Forces Personnel not to any other category of Armed Forces Personnel mentioned hereinabove. 5. We have heard learned counsel for the parties to We have heard learned counsel for the parties to the lis. We do not see any error in 6. We do not see any error in We do not see any error in the impugned the impugned the impugned judgment(s) and order(s) and therefore all the appeals judgment(s) and order(s) and therefore all the appeals judgment(s) and order(s) and therefore all the appeals off of the which pertain to the concept of rounding-off of the which pertain to the concept of rounding
Decision
disability pension are dismissed, with no order as to costs. disability pension are dismissed, with no order as to costs. 7. al of these matters will be taken note of The dismissal of these matters will be taken note of al of these matters will be taken note of by the High Courts as well as by the Tribunals in granting by the High Courts as well as by the Tribunals in granting by the High Courts as well as by the Tribunals in granting appropriate relief to the pensioners before them, if any, appropriate relief to the pensioners before them, if any, appropriate relief to the pensioners before them, if any, who are getting or are entitled to the disability pension.” who are getting or are entitled to the disability pension.” ANJAL GUPTA 2025.08.22 17:01 I attest to the accuracy and integrity of this document 6. has not been able to dispute Learned counsel for the petitioners has not been able to dispute Learned counsel for the petitione the said proposition of law having been settled by the Hon’ble Supreme the said proposition of law having been settled by the Hon’ble Supreme the said proposition of law having been settled by the Hon’ble Supreme the said proposition of law having been settled by the Hon’ble Supreme e (supra) to the effect that percentage of Court of India in Ram Avtar’scase (supra) to the effect that percentage of e (supra) to the effect that percentage of Court of India in disability is to be rounded off and when applied in present case disability of disability is to be rounded off and when applied in present case disability of disability is to be rounded off and when applied in present case disability of disability is to be rounded off and when applied in present case disability of is to be rounded off to 50%. 20% is to be rounded off to 50% 7. Keeping in view the facts and circumstance of the present case Keeping in view the facts and circumstance of the present case Keeping in view the facts and circumstance of the present case case (supra), as well as the settled principle of law settled in Ram Avtar’scase (supra), as well as the settled principle of law settled in as well as the settled principle of law settled in once at the time of enrollment, respondent No. once at the ti 1 was medically examined , respondent No.1 was medically examined and was found found to be fit in all respects and it was only during service fit in all respects and it was only during his service period that that respondent No.1 was found to be Vein to be suffering from the Deep Vein Thrombosis(LT) Lower Limb. That being so, the said disabilit Thrombosis(LT) Lower Limb to be . That being so, the said disability has to be and that too, by rounding off the disability attributed to the military service and that too, by rounding off the disability and that too, by rounding off the disability attributed to the military as per the settled principle of law settled in Ram Avtar’s case (supra). as per the settled principle of law settled in as per the settled principle of law settled in 8. 9. No other argument has been raised. No other argument has been raised. Hence, in the absence of any perversity being pointed out in the Hence, in the absence of any perversity being pointed out in the Hence, in the absence of any perversity being pointed out in the impugned order dated 12.09.2024(Annexure P impugned order dated either on the basis of the 24(Annexure P-3) either on the basis of the ground is made out for any facts or the settled principle of law, no ground is made out for any facts or the settled principle of law, no facts or the settled principle of law, no interference by this Court in the facts and circumstances of the present case. interference by this Court in the facts and circumstances of the present case. interference by this Court in the facts and circumstances of the present case. interference by this Court in the facts and circumstances of the present case. 10. Accordingly, the writ petition is dismissed. Accordingly, the writ petition is dismissed. ANJAL GUPTA 2025.08.22 17:01 I attest to the accuracy and integrity of this document