UNION OF INDIA & ORS. vs EX SUB ASOK M S NO JC 763698H

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18549/2025, CM APPLs. 77071/2025 & 77072/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Piyush Beriwal, Sr. PC with Ms. Ruchita Srivastava, Adv. for UOI with Major Anish Muralidhar (Army) versus EX SUB ASOK M S NO JC 763698H .....Respondent Through: Mr. O.P. Punia and Mr. Ashish Punia, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 08.12.2025 C. HARI SHANKAR, J. 1. This writ petition assails an order dated 30 October 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 28 years after the respondent joined the service. No Primary 1 “AFT”, hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 18549/2025 Page 1 of 3 KUMAR Signing Date:10.12.2025 18:55:09 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: “Onset in peace 10 May 2010. No close time association with service in Fd/CI Ops/HAA. No delay in diagnosis or treatment. Hence NANA. (Para 43, CH-VI, GMO-2008)” 4. In 207 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 India v. Ex Sub Gawas Anil Madso4, we have upheld the order of the AFT and dismissed the writ petition. 5. Those decisions apply, mutati