UNION OF INDIA & ORS. vs EX MWO BHAGWAT PRASAD GUPTA

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16688/2024 & CM APPL. 70606/2024 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Vijendra Singh Mahndiyan, CGSC with Mr. Ajay Jain, Senior Panel Counsel with Mr. Krishna Sharma, Mr. Manoj Gautam, Mr. Kunaal Sharma, Ms. Bijay Lakshmi, Mr. R.C. Bansal, Mr. Akul Singh Chalia and Mr. M.N. Mishra, Advs. versus EX MWO BHAGWAT PRASAD GUPTA .....Respondent Through: Ms. Pallavi Awasthi, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 22.04.2025 C. HARI SHANKAR, J. 1. This writ petition assails order dated 25 April 2023, passed by the Armed Forces Tribunal1 in OA 175/2022. 2. By the OA, the respondent, who was discharged from service on 30 November 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. 1 “the AFT”, hereinafter W.P.(C) 16688/2024 Signature Not Verified Page 1 of 7 Signed By:SHILPI Signing Date:26.04.2025 15:17:20 3. The ailment from which the respondent suffered was primary 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 Air Force, served for a period of 32 years and 5 days, before he