UNION OF INDIA & ORS. vs EX JWO DHARMENDRA PRASAD

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3769/2025 & CM APPL. 17525/2025, CM APPL. 17526/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Kameshwar Nath Mishra, Sr. Panel Counsel with Mr. Shubhashish Roy, Mr. Vidya Mishra, Advocates with Sgt. Manish Kumar Singh, Sgt. Mritunjay and Sgt. Pankaj Sharma Versus EX JWO DHARMENDRA PRASAD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 04.04.2025 C. HARI SHANKAR, J. 1. The Union of India challenges, by means of the present writ petition, order dated 18 March 2024, passed by the Armed Forces Tribunal, New Delhi1 in OA 608/2019. By the impugned order, the Tribunal has allowed the respondent’s claim of disability pension. 2. The respondent was enrolled in the Indian Air Force2 on 15 July 1 “AFT” hereinafter 2 “IAF” hereinafter WP(C) 3769/2025 Page 1 of 9 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:22.04.2025 10:59:44 1996. He served the Air Force for over twenty years, and was discharged from the Air Force in low medical category as suffering from CAD (TVD)3, consequent to the recommendation of a Release Medical Board4, which convened on 10 June 2016. 3. The respondent applied for release of disability pension to him. His application was rejected by the IAF on 26 May 2017. An appeal preferred against the said decision by the respondent was also rejected by the Appellate Board on 4 January 2019. 4. The rejection, in both cases, was on the ground that the CAD (TVD) from which the respondent suffered was neither attributable to, nor aggravated by, military service. 5. The respondent approached the AFT by way of OA 608/2019 5, seeking disability pension from the date of his discharge, rounded off to 50% along with inter