UNION OF INDIA vs EX SUB ASHOK KUMAR

Judgment text excerpt

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3261/2025 UNION OF INDIA .....Petitioner Through: Mr. Neeraj Dubey, SPC, Mr. Shubham Kumar, Adv. Major Murlidhar Army. versus EX SUB ASHOK KUMAR .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 12.12.2025 C.HARI SHANKAR, J. CM APPL. 15316/2025 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 3261/2025 3. This is a petition where Union of India has challenged an order passed by the Armed Forces Tribunal, whereby disability pension has W.P.(C) 3261/2025 Page 1 of 3 Signature Not Verified Signed By:GUNN Signing Date:16.12.2025 18:02:14 been granted to the respondent. 4. The reasoning of the Release Medical Board1 on the basis of which the respondent was disqualified for CAD-SVD PTCA TO LAD2 is as follows:- “Onset of ID was in Mar 2015. There is no close time relation with Field/ CI ops/HAA. Hence conceded neither attributable nor aggravated by mil service. Ref Para 47, chapter VI of Guide to Medical Officer (Military Pensions) & 14 days charter of duties.” 5. It is also acknowledged in the RMB that at the time of his entry into the service, the aforesaid ailment was not present. 6. In cases involving identical recommendations of the RMB, where the respondent was found suffering from CAD, this Court has, inter alia in UOI v. EX JWO Dharmendra Prasad3 and UOI v. EX JWO SK Srivastava4, upheld the order of the Armed Forces Tribunal and dismissed the petition of the Union of India. 7. To our knowledge, none of the said orders have been reversed or interdicted by the Supreme Court in any matter. 8. Accordingly, following the said decisions, this writ petition is 1 “RMB” hereinafter 2 Coronary Arter