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

Judgment text excerpt

$~50 * 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 Page 1 of 6 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:09.04.2025 12:57:03 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 the officer was suffering from the concerned disability or ailment at the time when he was inducted into military service. In the event that he was not, the second question that arises for consideration is as to whether the military service was attributable to the ailment or aggravated the ailment. 4. In that regard, the judgment of the Supreme Court to which reference is contained in our decision in Ex Sub Gawas Anil Madso accord pre-eminence to the decision of the Release Medical Boar