UNION OF INDIA & ANR. vs HFO (MWO) PREM LAL PANDEY MT FIT(RETD)

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4793/2025, CM APPLs. 22041/2025 & 22042/2025 UNION OF INDIA & ANR. .....Petitioners Through: Mr. Jitesh Vikram Srivastava, Sr. PC with Mr. Dipanshu Sharma, Adv. versus HFO (MWO) PREM LAL PANDEY MT FIT (RETD) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 23.04.2025 C. HARI SHANKAR, J. 1. This writ petition assails order dated 6 August 2024, passed by the Armed Forces Tribunal1 in OA 611/2022. 2. By the OA, the respondent, who was discharged from service on 31 January 2006 on the ground of disability, sought disability pension. The AFT has, keeping in mind the judgment of the Supreme Court in Dharamvir Singh v UOI2, granted the claim of the respondent. 3. The ailment from which the respondent suffered was primary 1 “AFT”, hereinafter 2 (2013) 7 SCC 316 W.P.(C) 4793/2025 Signature Not Verified Page 1 of 7 Digitally Signed By:AJIT KUMAR Signing Date:26.04.2025 15:42:55 hypertension. 4. We have dealt with a similar matter in our decision in UOI v Ex Sub Gawas Anil Madso3, in which we have attempted to go through and scan the entire body of case law in that regard starting with the decision in Dharamvir Singh. 5. We do not deem it necessary to reiterate the findings in that judgment, which speak for themselves. 6. We have therefore perused and considered the present case in the light of our decision in Ex Sub Gawas Anil Madso. 7. From the record of the Release Medical Board4 proceedings, the following position emerges: (i) The respondent, having enrolled in the Air Force, served for a period of 37 years and 4 months, before he was diagnosed as suffering from primary hypertension. (ii) To a query as to whether he suffered from any disability before j