Delhi High Court · 2025-12-24
UNION OF INDIA AND ORS. vs CAPT.(TS) BHARTENDER SINGH KANWAR(RETD)(03215 -F)
- Citation / case number
- W.P.(C)-19736/2025 2025:DHC:11961-DB
- Court
- Delhi High Court
- Petitioner
- UNION OF INDIA AND ORS.
- Respondent
- CAPT.(TS) BHARTENDER SINGH KANWAR(RETD)(03215 -F)
Judgment text excerpt
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. 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 200