UNION OF INDIA vs EX SUB ASHOK KUMAR

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 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