UNION OF INDIA & ORS. vs (622754) EX SGT MOHAMMAD YAMIN

Judgment text excerpt

$~121 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18383/2025, CM APPL. 76114/2025 & CM APPL. 76115/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Kushagra Kumar, SPC with Ms. Pragati Trivedi, Adv. versus (622754) EX SGT MOHAMMAD YAMIN .....Respondent Through: Mr. Praveen Kumar, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 03.12.2025 C. HARI SHANKAR, J. 1. This is a writ petition filed by the Union of India assailing order dated 16 August 2023 passed by the Armed Forces Tribunal1 allowing a claim of disability pension. 2. This is yet another case in which a writ petition has been filed, assailing the order passed by the AFT allowing a claim for disability pension, in a case where the officer was found to suffer from primary hypertension. 3. We may note, at the very outset, that the order passed by the 1 “the AFT” hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 18383/2025 Page 1 of 6 KUMAR Signing Date:04.12.2025 19:19:40 Tribunal is of dated 16 August 2023, and the present petition has been filed in November 2025 without a word of explanation for the delay. 4. Following the law declared by the Supreme Court in a plethora of judgements disapproving entertainment of grossly belated writ petitions, including the recent decision in Thirunagalingam v. R. Lingeswaran2, this writ petition is liable to be dismissed even on the ground of unconscionable delay and laches. 5. Nonetheless, as it is covered by earlier orders passed by us, we also deal with it on merits. 6. This Bench has passed as many as 355 orders allowing claims for disability pension, of which 204 orders cover cases of primary hypertension. 7. No order, interdicting or staying the operation of any of our decisions, has