UNION OF INDIA Vs. EX. LNK SARUP SINGH

JUDGEMENT

(1.) In the present petition, the challenge is to the impugned order dtd. 12/9/2022 (Annexure P-1) passed by respondent No.2-Armed Forces Tribunal, Chandigarh Bench, Chandigarh (for short, 'the Tribunal') by which, respondent No.1 has been allowed the benefit of disability pension by rounding off the disability element from 20% to 50% for five years i.e. from 1/6/2001 to 30/6/2005 on the ground that the same is perverse.

(2.) Learned counsel appearing on behalf of petitioners submits that the disability of Choroidal Angiomatosis with Naevus (LE)' though was suffered by respondent No.1 while in service and same was also not attributable to the Military service and further the disability was between 15-19% instead of minimum 20% required for the grant of disability pension still, the benefit of disability pension has been allowed in favour of the respondent No.1 ignoring the fact that the disability pension is only admissible in case, the disability is 20% or more and same is attributable or aggravated by military service.

(3.) Learned counsel for the petitioners submits that the claim has been raised after a delay and therefore, the grant of the benefit is incorrect.