UNION OF INDIA AND ORS vs CAPT ANAMIKA DUTTA RETD

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14.02.2025 + W.P.(C) 1925/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr.Ashish K. Dixit, CGSC with Mr.Shivam Tiwari, Ms.Urmila Sharma, Ms.Deepika Kalra and Ms.Venni Kakkar, Advs. Major Anish Muralidhar, Army. versus CAPT ANAMIKA DUTTA RETD .....Respondent Through: Mr. Sudhanshu Shekhar Pandey, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL) CM APPL. 9039/2025 (Exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 1925/2025 & CM APPL. 9038/2025 2. This petition has been filed by the petitioners, challenging the Order dated 07.08.2023 passed by the learned Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘Tribunal’) in Original Application 450/2022 titled Capt Anamika Dutta (Retd) v. Union of India & Ors., whereby the learned Tribunal has allowed the Original Application filed by the respondent herein under Section 14 of the Armed Forces Tribunal Act, 2007, with the following direction: “16. In view of this notification also, we find that any disability below 20% can be rounded off to 50%. However the arrears shall be restricted to three years prior to the date of Signature Not Verified Digitally Signed W.P.(C) 1925/2025 Page 1 of 6 By:SUNIL Signing Date:18.02.2025 15:59:00 filing of this OA in view of the judgement Tarsem Singh v. Union of India reported in 2008 (8 SCC 648), within 4 months from the date of receipt of a copy of this order, failing which, the unpaid amount would carry interest @ 8% p.a.” 3. The learned counsel for the petitioners submits that the learned Tribunal has erred in granting the disability element of pension to the respondent by ignoring the medical opinion of the Release Medic