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1. In the present writ petition, the challenge is to the impugned order dated 05.08.2024 (Annexure P-1) passed by respondent No.2-Armed Forces Tribunal, Regional Bench, Chandigarh, (hereinafter referred to as 'the Tribunal') by which, respondent No.1 has been allowed the benefit of disability pension by rounding off the disability element @ 50% as against 20% w.e.f. 01.10.2005 to 31.12.2015 on the ground that the same is perverse.

2. Learned counsel for the petitioners places reliance upon the report of medical examination of respondent No. 1 to contend that though the disability of 'Paranoid Schizophrenia, Open Globe Injury CRD Eye Effects at and Primary Open and Primary Open and Glaucoma (Lt) Eye' as assessed @ 20% has been found in respondent No.1, but he has been discharged from service on 30.09.2005 on completion of his terms of engagement under Army Rules. Hence, the grant of benefit of disability pension to respondent No.1 by rounding off the disability element @ 50% 1 of 6 as against 20% w.e.f. 01.10.2005 to 31.12.2015 by placing reliance upon the judgment of in Civil Appeal No. 5591-2006 titled as KJS Buttar vs. Union of India and another, decided on 31.03.2011 and Civil Appeal No.418- 2012 Union of India and others vs. Ram Avtar, decided on 10.12.2014 is incorrect and the facts of the present case have not been appreciated in correct perspective by the Tribunal while passing the impugned order dated 05.08.2024 (Annexure P-1). Learned counsel for the petitioners has further argued that the benefit of arrears granted to respondent No.1, in pursuance to granting the benefit of rounding off disability pension from 20% to 50%, which has been granted to respondent No.1 for whole of the intervening period, is incorrect in view of the judgment in Shiv Dass vs. Union of India and others, (2007) 9 SCC 274, wherein the Hon'ble Supreme Court has explicitly settled that where a claim is raised after a delay, Courts are to restrict the benefit of arrears to 03 years preceding the filing of the Original Application hence, the grant of disability pension by rounding off @ 50% along with arrears for whole of the intervening period, is incorrect.

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5. A perusal of the records reveals that even the Medical Board has assessed disability of 'Paranoid Schizophrenia, Open Globe Injury CRD Eye Effects at and Primary Open and Primary Open and Glaucoma (Lt) Eye' and held to be attributable to the military service, which fact has gone unrebutted. Keeping in view this fact also, when even the Medical Board has conceded that the disease which led to the discharge of the officer concerned was attributable to the military service, filing of the petition by the Union of India is contrary to the recommendations of the Medical Board itself.

9. Keeping in view the facts and circumstances of the present case as well as settled principle of law settled in Ram Avtar's case (supra), Reet MP Singh's case (supra) and Balbir Singh's case (supra), once at the time of selection, respondent No. 1 was medically examined and was found fit in all respects and it was only during the service, respondent No.1 was found suffering from 'Paranoid Schizophrenia, Open Globe Injury CRD Eye Effects at and Primary Open and Primary Open and Glaucoma (Lt) Eye'. That being so, claim of respondent No.1 for the benefit of disability pension by rounding off the disability from 20% to 50% as per the settled principle of law settled in Ram Avtar's case (supra) has rightly been allowed by the Tribunal.