UNION OF INDIA AND ORS. vs COL. PERGAT SINGH

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 06.02.2025 + W.P.(C) 7064/2024, CM APPL. 29450/2024 UNION OF INDIA AND ORS. .....Petitioners Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. Amit Kumar Rana, Adv. Major Anish Muralidhar, Army versus COL. PERGAT SINGH .....Respondent Through: Mr. Anil Kumar Srivastava, Adv. along with Ms. Srishti, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J (ORAL) 1. This petition has been filed by the petitioners, challenging the Order dated 20.03.2023 passed by the learned Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘AFT’) in Original Application (‘O.A.’) No. 214/2019 titled Col. Pergat Singh (Retd.) vs. Union of India &Ors, whereby the O.A. filed by the respondent herein has been allowed with the following directions: “5. In view of the aforesaid judicial pronouncements and the parameters referred to above, the applicant is entitled for disability element of pension in respect of disability „Hypertension'. Accordingly, we allow this application holding that the applicant is Signature Not Verified Digitally Signed W.P.(C) 7064/2024 Page 1 of 5 By:NEELAM Signing Date:11.02.2025 15:41:05 entitled to disability element of pension @ 30% rounded off to 50% with effect from the date of his discharge in terms of the judicial pronouncement of the Hon'ble Supreme Court in the case of Union of India Vs. Ram Avtar (Civil Appeal No. 418/2012), decided on 10.12.2014.” 2. The learned counsel for the petitioners submits that the learned AFT has erred in allowing the O.A. filed by the respondent by merely relying upon the judgment of the Supreme Court in Dharamvir Singh vs. Union of India &Ors., (2013) 7 SCC 316. He submits that the learned AFT failed