UNION OF INDIA & ORS. vs GP CAPT AJAI KUMAR AGNIHOTRI (RETD.)

Judgment text excerpt

$~122 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18384/2025, CM APPL. 76116/2025 & CM APPL. 76117/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Kameshwar Nath Mishra, SPC with Mr. Shubhashish Roy, Ms. Vidya Mishra, Advs. versus GP CAPT AJAI KUMAR AGNIHOTRI (RETD.) ..Respondent Through: Mr. Nawneet Krishna Mishra, 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 8 April 2024 passed by the AFT allowing a claim of disability pension. 2. This Bench has passed as many as 355 orders allowing claims for disability pension, of which 15 orders cover cases of CAD. 3. In the present case, the onset of CAD from which the respondent was found to suffer was 32 years after he had joined military service. It is not in dispute that, at the time when the respondent joined service, he was not recorded as suffering from any Signature Not Verified Digitally Signed By:AJIT W.P.(C) 18384/2025 Page 1 of 6 KUMAR Signing Date:04.12.2025 19:19:40 cardiac ailment. 4. The reasons adduced by the Release Medical Board1 for treating the CAD from which the respondent was found to be suffering not to be attributable to or aggravated by military service, read thus: “CAD STE IWMI SVD Normal LV Function PAMI STENTING DES(OLD): Onset of disability: 16 Apr 2012 at New Delhi, in peace area. There is no delay in diagnosis. Neither attributable nor aggravated by service. No, as per Charter of duties dated 08 Mar 2013.” 5. The only reasons provided by the RMB are, therefore, that (i) the onset of disability was while the respondent was posted in a peace area and (ii) there was no delay in diagnosis. Besides, this, there is a referen