UNION OF INDIA AND ORS vs SMT BABLI DEVI

Judgment text excerpt

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13027/2025 & CM APPL. 53290/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Shoumendu Mukherji, SPC, with Ms. Megha Sharma, Mr. Mehul Sachan, Advs and Major Anish Muralidhar versus SMT BABLI DEVI .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER(ORAL) % 27.08.2025 C. HARI SHANKAR, J 1. This writ petition assails order dated 5 October 2023, passed by the Armed Forces Tribunal1 in OA 861/2016. 2. By the said order, the AFT has granted a claim of invalid pension to the respondent who happens to be the widow of one Dalbir Singh, who was recruited in the Army and who was invalided out of service from 3 January 2005 on the ground that he suffered from “Schizophrenia”. 1 “AFT” hereinafter W.P.(C) 13027/2025 Page 1 of 5 Signature Not Verified Signed By:PREETI Signing Date:28.08.2025 18:56:00 3. Para 4 of the order passed by the Tribunal reads as under:- “The learned counsel for the respondents submits fairly that the respondents had their own of recommended the grant of invalid pension to the solider and admitted the factum of the applicant's late husband having been invalided out from service initially due to ailments whilst in military service and does not refute or oppose the grant of invalid pension that would have been due to the applicant's late husband Sep. Dalvir Singh.” (Emphasis supplied) 4. Having specifically conceded, before the Tribunal, that Dalbir Singh was entitled to invalid pension, we failed to see, how the petitioner can come to this Court challenging the order by which the invalid pension, due to Dalbir Singh, was granted to the respondent. 5. Mr. Shoumendu Mukherji, learned Counsel for the petitioner submits that this writ petit