UNION OF INDIA ORS & ORS. vs COL MANISH MIDHA RETD

Judgment text excerpt

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 06.02.2025 + W.P.(C) 8434/2024, CM APPL. 34830/2024 UNION OF INDIA ORS & ORS. .....Petitioners Through: Mr. Kushagra Kumar, SPC versus COL MANISH MIDHA RETD .....Respondent Through: Mr. Chaitanya Agarwal, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J (ORAL) 1. This petition has been filed challenging the order dated 29.08.2023 passed by the learned Armed Forces Tribunal (AFT), Principal Bench, New Delhi in Original Application (O.A.) No. 41/2022 titled Col Manish Midha (Retd.) vs. Union of India & Ors. vide which the learned AFT has allowed the O.A. filed by the respondent and directed the petitioners herein to grant the disability element of pension to the respondent @ 30% rounded off to 50% with effect from the date of his discharge. 2. The Release Medical Board dated 28.08.2020 had opined that the disability of Primary Hypertension (I-10) suffered by the respondent was discovered in a peace area at Jodhpur in August 2012 and, therefore, not related to the service condition and was neither Signature Not Verified Digitally Signed W.P.(C) 8434/2024 Page 1 of 4 By:NEELAM Signing Date:11.02.2025 15:38:12 attributable to nor was aggravated by his service, as per Para 43 of Chapter VI of Guide to Medical Officers, 2008. 3. The learned counsel for the petitioner submits that instead of relying on the categorical finding of the Release Medical Board, the learned AFT, merely by relying upon the judgment of the Supreme Court in Dharamvir Singh vs. Union of India & Ors.; (2013) 7 SCC 316, has granted the relief of disability pension to the respondent. 4. On the other hand, the learned counsel for the respondent submits that prior to the Release Medical Board, the re