UNION OF INDIA & ORS. vs GP CAPT (TS) SUJIT BANERJEE (RETD)

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 4555/2025, CM APPL. 21077/2025 & CM APPL. 21078/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Raghvendra Shukla, SPC for UOI versus GP CAPT (TS) SUJIT BANERJEE (RETD) .....Respondent Through: 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 11 May 2023 passed by the Armed Forces Tribunal1 whereby OA 1953/2022, 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. 3. We find that the case is fully covered by the judgment rendered by us in UOI v Ex Sub Gawas Anil Madso2. 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 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 entry into military service, the concerned officer was suffering from the ailment which was detected later. If the onset