UNION OF INDIA AND ORS. vs SGT PARMENDRA KUMAR SINGH (RETD)

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 4359/2025 and CM APPL.20134/2025 and 20135/2025 UNION OF INDIA AND ORS. .....Petitioners Through: Ms. Ekta Choudhary, SPC with Mr. Anand Krishna, Mr. Ayush Kumar and Ms. Rushali Sikand, Advocates with Sgt. Sharvan Singh and Sgt. Manish Kumar Singh versus SGT PARMENDRA KUMAR SINGH (RETD) .....Respondent Through: Mr. M.K. Gupta, Advocate CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 07.04.2025 C. HARI SHANKAR, J. 1. The UOI is in writ before us against order dated 28 July 2023 passed by the learned Armed Forces Tribunal1 in OA 240/2020 whereby the Tribunal has allowed the respondent’s claim to disability pension. 1 “the Tribunal”, hereinafter WP(C) 4359/2025 2. We have recently had an occasion to examine the legal position in this regard and have, in our judgment, in UOI v Ex Sub Gawas Anil Madso2 scanned through the existing law and culled out the principles that apply. 3. It is clear, from a perusal of the applicable judgments on the point, that the entitlement of the officer to disability pension has essentially to be decided on the basis of two considerations. The first is that whether