UNION OF INDIA AND ORS. vs COL. RANDHEIR SINGH (RETD.)

Judgment text excerpt

$~1(Spl. Bench) * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24.04.2025 + W.P.(C) 9540/2024 & CM APPL. 39098/2024 UNION OF INDIA AND ORS. .....Petitioners Through: Mr. Amit Kumar Tiwari, CGSC, Mr.Chetanya Puri, Adv. versus COL. RANDHEIR SINGH (RETD.) .....Respondent Through: Mr.K.R. Verma, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL) 1. This petition has been filed challenging the Order dated 18.09.2023 passed by the learned Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘learned Tribunal’) in OA 2125/2019, titled Col.(TS) Randheir Singh v. Union of India & Ors., allowing the said OA filed by the respondent herein by holding that the respondent is entitled to disability element of pension at the rate of 40% rounded off to 50% with effect from the date of his discharge, and further directing the petitioners herein to calculate, sanction and issue the necessary Pension Payment Order to the respondent within a period of three months from the date of the receipt of the copy of the said order, failing which the petitioners were directed to pay an interest at the rate of 6% p.a. from the date of the Signature Not Verified Digitally Signed WP(C) 9540/2024 Page 1 of 3 By:RENUKA NEGI Signing Date:01.05.2025 15:52:20 receipt of the copy of the order by the petitioners. 2. The learned counsel for the petitioners submits that the learned Tribunal has erred in disregarding the report of the Release Medical Board which had clearly opined that the disability of “Primary Hypertension-(ICD I-10)” suffered by the respondent was not attributable to or aggravated by service condition. The findings of Release Medical Board are also supported with the remark that the onset of the dise