UNION OF INDIA Vs. NARENDER KUMAR

JUDGEMENT

(1.) In the present petition, the challenge is to the impugned order dtd. 23/7/2024 (Annexure P 1) passed by respondent Armed Forces Tribunal, Regional Bench, Chandigarh (hereinafter referred to as 'Tribunal'), by which, the benefit of disability element of disability pension has been allowed in favour of respondent No.1 that too by rounding off of the disability element of disability pension @ 50%, which was initially assessed at less than 20% (10%) for life.

(2.) Learned counsel for the petitioners submits that respondent No.1 had joined the service on 2/12/2004 and was discharged from service on 31/7/2020 in low medical category for disability "MIGRAINE WITHOUT AURA" at his own request on compassionate ground Since the disability suffered respondent No. 1 "MIGRAINE WITHOUT AURA" was assessed at less than 20%, which is the minimum threshold and condition precedent for the grant of benefit of disability pension, the Tribunal exceeded its jurisdiction while granting the said relief to respondent No.1.

(3.) We have heard learned counsel for the petitioner and have gone through the case file with his able assistance.