UNION OF INDIA & ORS. vs MWO CHITRANJAN SINGH RETD

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4933/2025, CM APPL. 22663/2025 & CM APPL. 22664/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Akash Vajpai and Ms. Vaibhavi Mittal, Advs. versus MWO CHITRANJAN SINGH RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 21.04.2025 C. HARI SHANKAR, J. 1. This writ petition assails order dated 7 February 2023, passed by the Armed Forces Tribunal1 in OA 1050/2022, whereby the respondent’s claim to disability pension has been allowed. 2. The respondent was enrolled in the Indian Air Force on 18 November 1974. He was discharged from the service in low medical category A4G3 (P) on 29 February 2012. The Release Medical 1 “AFT”, hereinafter W.P.(C) 4933/2025 Page 1 of 8 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:23.04.2025 18:45:18 Board2, which convened prior thereto in March 2011, assessed the respondent as suffering from primary hypertension and diabetes mellitus, of which the degree of disability on account of primary hypertension was assessed at 30%. 3. The respondent applied for grant of disability pension. His application was rejected on the ground that the RMB had found the disabilities from which the respondent was suffering not to be attributable to or aggravated by military service. 4. Aggrieved thereby, and pressing his claim for disability pension qua the primary hypertension from which he was suffering, the respondent approached the AFT by way of OA 1050/2022. 5. By judgment dated 7 February 2023, the AFT has allowed the respondent’s claim. 6. Regrettably, the present writ petition has been filed with an application seeking stay of operation of the impugned order passed by the AFT. The petition has been f