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HC upholds rights of 13 ex-servicemen to rounded-off disability benefits

From 20 per cent to 50 per cent, court endorses Armed Forces Tribunal orders granting enhanced disability pension under Supreme Court rulings in Ram Avtar and Bijender Singh

4 min readChandigarhJul 17, 2025 07:35 PM IST

Punjab and Haryana High Court has dismissed thirteen writ petitions filed by the Union of India, each challenging Armed Forces Tribunal (AFT) decisions that had granted rounded-off disability pensions to former Army personnel discharged (Representational Image/ File)

In a sweeping endorsement of veterans’ rights, the Punjab and Haryana High Court has dismissed thirteen writ petitions filed by the Union of India, each challenging Armed Forces Tribunal (AFT) decisions that had granted rounded-off disability pensions to former Army personnel discharged on superannuation or completion of tenure.

A division bench of Justice Anupinder Singh Grewal and Justice Deepak Manchanda on Tuesday upheld all AFT orders, reaffirming that the benefit of rounding off the disability element of pension was not restricted to personnel invalided out of service, as repeatedly argued by the Centre.

The court relied on two binding Supreme Court rulings, namely, Union of India v. Ram Avtar (2014) and Bijender Singh v. Union of India (2025) , which make it clear that disabilities must be rounded off as follows: to 50 per cent if assessed below 50 per cent, to 75 per cent if between 50 per cent and 75 per cent, and to 100 per cent if above 75 per cent, irrespective of the mode of discharge.

The petition filed against ex-Havildar Deepak Kumar Singh was dismissed after the High Court upheld the AFT’s order granting him 50 per cent disability pension against his assessed disability of 20 per cent.

Lt. Col. Suresh Kumar (Retd) had a 30 per cent disability, which was rounded off to 50 per cent by the Tribunal and subsequently upheld by the High Court.

In the case of ex-Naib Subedar Bogh Singh Dhillon, whose disability had been assessed at 50 per cent, the Tribunal had granted him 75 per cent disability pension, which the High Court found to be in accordance with the law.

Ex-Naib Subedar Yogander Kumar had been assessed with 40 per cent disability. The Tribunal had rounded this off to 50 per cent, a decision that the High Court found consistent with the Supreme Court rulings.

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Similarly, ex-Sepoy Mandeep Singh had a disability of 20 per cent, which the Tribunal rounded off to 50 per cent. The Centre’s argument that such benefit applied only to invalided personnel was rejected.

In the case of ex-Sepoy Malkit Singh, who had a 20 per cent disability dating back to April 1984, the Tribunal had allowed rounding off to 50 per cent. Singh passed away during the proceedings, and the claim was continued by his legal heirs.

The Tribunal’s decision to grant ex-Subedar Nanu Ram Saini 50 per cent disability pension in place of his 20 per cent assessment was also maintained by the bench.

Ex-Sepoy Ramphal Singh had a 30 per cent disability that the Tribunal rounded to 50 per cent. The High Court saw no illegality in this conclusion.

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Ex-Lance Naik Bhoop Singh had been assessed with a 20 per cent disability, and the Tribunal’s direction to round it off to 50 per cent was similarly upheld.

In ex-Sepoy Manohar Lal’s case, a 20 per cent assessed disability had also been rounded to 50 per cent, with the court rejecting the Union’s objection as unfounded.

Ex-Havildar Rajbir Singh had a 40 per cent disability, which was lawfully rounded off to 50 per cent, according to the Tribunal. The High Court concurred.

Ex-Sepoy Puran Mal had a split assessment: 40 per cent disability from 1998 to 2002 and 30 per cent from 2002 to 2015. The Tribunal had granted 50 per cent for both periods, which the bench upheld.

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Bahadur Singh, who had a 20 per cent disability between 2008 and 2015, had also been awarded 50 per cent pension by the Tribunal. The High Court found no fault in the order.

In each case, the court rejected the Centre’s reliance on a 2001 Defence Ministry circular that limited rounding off to only those invalided out of service, calling it contrary to the legal position laid down by the apex court.

“We do not find any illegality in the impugned order whereby the benefit of rounding off, of the disability element of disability pension has been granted,” the bench observed.
All thirteen petitions stand dismissed.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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