UNION OF INDIA & ANR. vs 672596 EX HFL RATAN LAL MAHATO

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18531/2025, CM APPL. 76845/2025 & CM APPL. 76846/2025 UNION OF INDIA & ANR. .....Petitioners Through: Ms. Shagun Shahi Chugh and Mr. Varun Chugh, SPCs with Ms. Kavya Roy Choudhury, Adv. versus 672596 EX HFL RATAN LAL MAHATO .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 05.12.2025 C. HARI SHANKAR, J. 1. This writ petition is directed against order dated 30 October 2023 passed by the Armed Forces Tribunal1, whereby the respondent’s claim for disability pension stands allowed. We find from the index filed with the petition that the index itself is dated 3 December 2025. In other words, this petition has been filed more than 2 years after the passing of the judgment by the AFT. There is not a whisper of an explanation in this petition to justify this delay. 2. The Supreme Court has held in Thirunagalingam v. R. 1 “AFT” hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 18531/2025 Page 1 of 6 KUMAR Signing Date:08.12.2025 19:14:12 Lingeswaran2, that the Courts should not entertain belated writ petitions which suffer from inordinate and unexplained delay and latches. 3. Following the said decision, this writ petition is liable to be dismissed even on the ground of unexplained delay and latches. 4. Nonetheless, as the issue is covered by earlier decisions passed by us, we also deem it appropriate to deal with this writ petition on merits. 5. The respondent has claimed disability pension on the ground that he was suffering from Primary Hypertension. He was released from service 37 years after he had joined service. 6. The Release Medical Board3 certified that the Primary Hypertension of the respondent was to the extent of 30% di