UNION OF INDIA AND ORS. vs CAPT.(TS) BHARTENDER SINGH KANWAR(RETD)(03215 -F)

Judgment text excerpt

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19736/2025, CM APPLs. 82436/2025, 82437/2025 & 82438/2025 UNION OF INDIA AND ORS. .....Petitioners Through: Ms. Arunima Dwivedi, CGSC with Ms. Himanshi Singh, Ms. Monalisha Pradhan and Ms. Priya Khurana, Advs. versus CAPT.(TS) BHARTENDER SINGH KANWAR (RETD) (03215 -F) .....Respondent Through: Mr. Shakti Jaiswal, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 24.12.2025 C. HARI SHANKAR, J. 1. This writ petition assails an order dated 22 November 2023 passed by the Armed Forces Tribunal1 whereby the respondent’s prayer for disability pension has been allowed. 2. Disability pension was sought on the ground that the respondent suffered from Primary Hypertension which was found to be 30% for life rounded off to 50%. The onset of the Primary Hypertension was 32 years after the respondent joined the service. No Primary Hypertension was noted at the time when the respondent was recruited. Signature Not Verified Digitally Signed By:AJIT W.P.(C) 19736/2025 Page 1 of 3 KUMAR Signing Date:24.12.2025 18:52:57 3. The reasoning given by the Release Medical Board for holding that the respondent’s Primary Hypertension was not attributable to or aggravated by service read thus: “(a) Onset of ID was in 29 Mar 2008 while serving is Port Blair (Peace Area). Detected during AME. There is no close time association with Fd/HAA/CI Ops tenure. Hence ID conceded as neither attributable nor aggravated by mil service as per Para 43 Chapter VI GMO’s Mil Pen 2008 amendment. No TOD.” 4. In 223 similar cases, in which the reasoning of the RMB is substantially the same, including Union of India v. Ex. SGT Manoj K L Retd2 and Union of India v. Rajveender Singh Mallhi3 as well as Union of Indi