UNION OF INDIA TH SECRETARY MINISTRY OF DEFENCE NEW DELHI AND OTHERS VIKAS SHARMA vs JANAK RAJ — WP(C) /1195/2024
Case under Article 226-section103 Section 1A. Disposed: Contested--Disposed Off on 01st April 2026.
CNR: JKHC020026642024
Next Hearing
29th May 2024
Filing Number
WP(C) /2071/2024
Filing Date
22-05-2024
Registration No
WP(C) /1195/2024
Registration Date
27-05-2024
Judge
HON'BLE MR. JUSTICE SANJEEV KUMAR , HON'BLE MR. JUSTICE SANJAY PARIHAR
Coram
HON'BLE MR. JUSTICE SANJEEV KUMAR , HON'BLE MR. JUSTICE SANJAY PARIHAR
Bench Type
Division Bench
Category
DB SERVICE WRIT PETITION – SWP ( 217 )
Sub-Category
AGAINST THE DECISION OF ARMED FORCES TRIBUNAL. ( 3 )
Judicial Branch
SERVICE WRIT PETITION (SWP)
Decision Date
01st April 2026
Nature of Disposal
Contested--Disposed Off
Acts & Sections
Petitioner(s)
UNION OF INDIA TH SECRETARY MINISTRY OF DEFENCE NEW DELHI AND OTHERS VIKAS SHARMA
Respondent(s)
JANAK RAJ
Hearing History
Judge: HON'BLE MR. JUSTICE SANJEEV KUMAR , HON'BLE MR. JUSTICE SANJAY PARIHAR
FOR ADMISSION Before Notice
FOR ADMISSION After Notice
FOR ADMISSION After Notice
FOR ADMISSION After Notice
FOR ADMISSION After Notice
| Date | Purpose | Result |
|---|---|---|
| 29-05-2024 | FOR ADMISSION Before Notice | |
| 01-04-2026 | FOR ADMISSION After Notice | |
| 23-03-2026 | FOR ADMISSION After Notice | |
| 31-01-2026 | FOR ADMISSION After Notice | |
| 24-12-2025 | FOR ADMISSION After Notice |
Orders
The High Court of Jammu & Kashmir partially allowed the Union of India's petition, modifying the Armed Forces Tribunal's order. While the Court upheld Janak Raj's entitlement to disability pension at 30% (rounded to 50%) for life due to primary hypertension aggravated by military service, it denied him the service element of disability pension because he completed only 10 years 2 days of DSC service instead of the mandatory 15 years, which he would not have completed even without medical discharge. This case analysis is maintained by casestatus.in based on publicly available court records.
The High Court of Jammu & Kashmir partially allowed the Union of India's petition, modifying the Armed Forces Tribunal's order. While the Court upheld Janak Raj's entitlement to disability pension at 30% (rounded to 50%) for life due to primary hypertension aggravated by military service, it denied him the service element of disability pension because he completed only 10 years 2 days of DSC service instead of the mandatory 15 years, which he would not have completed even without medical discharge. This case analysis is maintained by casestatus.in based on publicly available court records.
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