UNION OF INDIA & ORS. vs EX LMUS DEEPAK GAUR

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 02.04.2025 + W.P.(C) 3229/2025 UNION OF INDIA & ORS. .....Petitioners Through: Ms.Radhika Bishwajit Dubey, CGSC with Ms.Gurleen Kaur Waraich, Mr. Kritarth Upadhyay, Advs. versus EX LMUS DEEPAK GAUR .....Respondent Through: Mr. Ved Prakash, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) CM.APPL. 15205/2025 (Exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 3229/2025, CM APPL. 15206/2025, CM APPL. 15207/2025 3. This petition has been filed by the petitioners, challenging the Order dated 21.07.2023 passed by the learned Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘Tribunal’) in Original Application (‘O.A.’) No. 958/2020 titled Ex LMUS Deepak Gaur v. Union of India & Ors., which partially allowed the O.A. filed by the respondent herein with the following directions: W.P.(C) 3229/2025 Signature Not Verified Page 1 of 5 Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:05.04.2025 20:10:19 “26. The OA 958/2020 is thus partially allowed. The applicant is held entitled to the grant of the disability element of pension in relation to the disability of Seizure Disorder ICD No. G 40.0 at 20% for life in terms of the verdict of the Hon’ble Supreme Court in Union of India vs. Ram Avtar in Civil Appeal No. 418 of 2012 decided on 10.12.2014 is directed to be broadbanded to 50% for life as well as in terms of the Government of India, Ministry of Defence letter dated 31.01.2001.” 4. The learned counsel for the petitioners submits that the learned Tribunal has wrongly placed reliance on the judgement of the Supreme Court in Dharamvir Singh v. Union of India, (2013) 7 SCC 316, to allow the