EX SGT ONKAR MISRA vs UNION OF INDIA & ORS.

Judgment text excerpt

$~130 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23.04.2025 + W.P.(C) 4575/2024 EX SGT ONKAR MISRA .....Petitioner Through: Mr.Shivankar Rao Mr.Tanishq Sharma, Mr.Sumit Goyal, Mr.Vaibhav Kumar, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr.Siddharth Khatana, SP & Mr.Akash Pathak, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) 1. This petition has been filed, challenging the Orders dated 25.05.2023 and 06.12.2023 passed by the learned Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘learned Tribunal) in O.A. 1578/2020 and in RA 62/2023 in OA 1578/2020, dismissing the OA and the Review Application filed by the petitioner respectively. 2. The petitioner had filed the above OA before the learned Tribunal praying for setting aside of the Orders dated 12.11.2018 and 19.10.2020 of the respondents by which the claim of the petitioner for grant of disability element of pension had been rejected, and an appeal against the said rejection had also been dismissed by the respondents. Signature Not Verified Digitally Signed WP(C) 4575/2024 Page 1 of 6 By:RENUKA NEGI Signing Date:29.04.2025 14:49:00 3. It was the case of the petitioner before the learned Tribunal that the petitioner, while being posted at Air Force Station, Pathankot, had sustained an injury due to a fall while he was straightening an iron pole in the garden of his quarter on 28.08.2016. The injury was later assessed as under: a. Partial ACL Tear (Lt) Knee @ 20% for life, and, b. Chondromalacia @ 15-19% for life 4. The Release Medical Board dated 22.03.2018 opined that the injury suffered by the petitioner was neither attributable nor aggravated by service. 5. The petitioner being aggrieved ther