UNION OF INDIA & ORS. vs COL MUKESH KUMAR KHATTAR (RETD)

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11442/2025, CM APPLs. 46799/2025 & 46800/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Shouryendu Ray, Sr. PC with Mr. Yashendra Singhwal, Adv. for UOI with Major Anish Muralidhar (Army) versus COL MUKESH KUMAR KHATTAR (RETD) .....Respondent Through: Mr. K.R. Verma and Mr. Narula, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 01.08.2025 C. HARI SHANKAR, J. 1. This writ petition assails order dated 18 March 2024 passed by the Armed Forces Tribunal1 in OA 1144/20192. 2. We are inundated, day in and day out, with writ petitions challenging orders passed by the AFT allowing claims of disability pension by officers who have been detected as suffering from ailments and disabilities during their military service. In nearly every such case, the recommendation of the Release Medical Board/Review Medical Board3 is to the effect that the element or disability from 1 “AFT”, hereinafter 2 Col Mukesh Kumar Khattar (Retd) v UOI and Ors. 3 “RMB”, hereinafter Signature Not Verified W.P.(C) 11442/2025 Digitally Signed By:AJIT Page 1 of 4 KUMAR Signing Date:04.08.2025 14:47:24 which the officer was found to be suffering is not attributable to or aggravated by military service. We have, after examining the entire case law in that regard, laid down the applicable principles in our decision in UOI v Ex Sub Gawas Anil Madso4, broadly to the effect that, if the officer was not suffering from the said disability at the time he joined service, and the disability was found several years after he had been in military service, the disability would be deemed to be attributable to military service. Else, the Medical Board would have to assign specific reasons as to why the di