UNION OF INDIA & ORS. vs EX HAV GOHAR ABBAS BAQUARI

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 4395/2025, CM APPL. 20285/2025 & CM APPL. 20286/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Abhishek Yadva, Sr. PC with Major Anish Muralidhar, Army for UOI. versus EX HAV GOHAR ABBAS BAQUARI .....Respondent Through: Mr. Dilwar H. Barlaskar, Mr. Nasser H. Jafri, Mr. Umair A. Andrabi, Ms. Tanisha Chandra and Mr. Naved Mustafa, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 09.04.2025 C. HARI SHANKAR, J. 1. This writ petition assails the order dated 06 February 2024 passed by the Armed Forces Tribunal 1 whereby OA 71/2019, filed by the respondent has been allowed. The AFT has held the respondent to be entitled to disability pension. 2. Aggrieved thereby, the UOI has approached this Court by means of the present writ petition. 1 “the AFT”, hereinafter 3. We find that the case is fully covered by the judgment rendered by us in UOI v Ex Sub Gawas Anil Madso2. 4. We have, in the said petition, after considering the law that is developed in this regard over the years, held that the primordial consideration which has to be borne in mind in such cases is whether, at the time of