After 37 Years’ Service, P&H HC Upholds Lifetime Rounding Of Army Major General’s Disability Element From 40% To 50%, Citing Fitness At Entry

In brief

The question

1. Whether the Tribunal erred in allowing disability pension where the respondent was medically fit on entry and the Union did not produce cogent material rebutting the presumption in his favour.

The court held

The High Court held that no ground had been shown to interfere with the Tribunal’s order allowing disability pension with rounding off to 50% for life from 1 July 2021.

It also directed

The writ petition was dismissed, and any pending civil miscellaneous applications were disposed of.

01Facts

Respondent No. 1 joined the Armed Forces on 9 June 1984 after being found medically fit and served for approximately 37 years, retiring on 30 June 2021.

pp. 1–2, 4–5

A Medical Board later assessed his disabilities, including “Primary Hypertension, Lacunar Stroke-RT Pontine Infract.”

pp. 1–2, 4–5

The Armed Forces Tribunal allowed his claim for disability pension and rounded the disability element from 40% to 50% for life, effective 1 July 2021.

pp. 1–2, 4–5

The Union of India challenged that order as perverse, relying on the Medical Board’s opinion.

pp. 1–2, 4–5

02Issues

i.1. Whether the Tribunal erred in allowing disability pension where the respondent was medically fit on entry and the Union did not produce cogent material rebutting the presumption in his favour.

pp. 2–4, 5–6

ii.2. Whether the respondent, who retired on completion of service rather than being invalidated, was entitled to rounding off of the disability element from 40% to 50%.

p. 4

03Law Applied

Under Rules 5 and 9 of the Entitlement Rules for Casualty Pensionary Awards, 1982, where a service member was medically fit on entry and the disability arose during service, the presumption is in the member’s favour unless rebutted by evidence.

pp. 2–4

Dharamvir Singh v. Union of India, (2013) 7 SCC 316, applies that presumption and requires the authorities to support a contrary Medical Board opinion with cogent reasons and material.

pp. 2–4

Under Union of India v. Ram Avtar, Civil Appeal No. 418 of 2012, decided 10 December 2014, rounding off of disability pension is available to qualifying Armed Forces personnel whether invalidated out, retired on superannuation, or discharged on completion of tenure.

pp. 4–5

The Court also relied on Union of India v. Reet MP Singh, Civil Appeal No. 11311 of 2025, decided 1 September 2025, and Union of India v. Col. NC Isaac (Retd.), SLP (C) No. 3680 of 2025, decided 15 September 2026, concerning rounding off and the continuing benefit of doubt under the entitlement rules.

pp. 5–6

04Reasoning

The respondent had been found medically fit at entry, and the disability manifested after nearly 37 years of service.

p. 6

The Union produced no cogent evidence or detailed medical material establishing that the disability was not attributable to military service; accordingly, the Medical Board’s opinion did not rebut the presumption arising under the entitlement rules.

p. 6

The Tribunal’s award of disability pension was therefore consistent with Dharamvir Singh.

p. 6

As the respondent’s retirement on completion of service did not preclude rounding off under Ram Avtar and the subsequent authorities, the Tribunal’s grant of 50% for life disclosed no perversity warranting interference.

pp. 4–6

05Holding

The High Court held that no ground had been shown to interfere with the Tribunal’s order allowing disability pension with rounding off to 50% for life from 1 July 2021.

pp. 6–7

The writ petition was dismissed, and any pending civil miscellaneous applications were disposed of.

pp. 6–7

LawLens.Punjab and Haryana High Court

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