UNION OF INDIA & ORS. vs EX CFN PRABHAKAR SINGH

Judgment text excerpt

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 17.02.2025 + W.P.(C) 1985/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Pradeep Kumar Jha, SPC with Major Anish Muralidhar. versus EX CFN PRABHAKAR SINGH .....Respondent Through: Mr. Praveen & Mr. Harish Kumar, Advs. CORAM: HON’BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) CM APPL. 9297/2025 (Exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 1985/2025 & CM APPL. 9296/2025 2. This petition has been filed by the petitioners under Article 226 of the Constitution of India, Impugning the Order dated 17.08.2023 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (‘Tribunal’) in Original Application (OA) No.669 of 2019 titled, ‘Ex. CFN Prabhakar Singh v. Union of India & Ors.’ whereby the respondent has been granted invalid pension. Signature Not Verified Digitally Signed W.P.(C) 1985/2025 Page 1 of 8 By:NEELAM Signing Date:24.02.2025 15:56:37 3. The factual matrix necessary for the disposal of the present petition is that the respondent was enrolled in the Indian Army on 28.03.1972. After serving for about 8 years and 8 months, the respondent was invalidated out from Service on 23.12.1980, on account of being medically ‘Unfit’ for further service under Item III(iii) of the table annexed to Rule 13(3) of the Army Rules, 1954. The respondent was placed in a Low Medical Category ‘EEE’ for the disability ‘Grandmal Epilepsy’, which was assessed by the Invaliding Medical Board (IMB) at 20% for two years. It was also opined that the disability was ‘neither attributable to nor aggravated’ (NANA) by the Service conditions. 4. The respondent’s claim for disability pension was rejected by the PDCA (P), Allahabad vide the letter No. G3/81/35471/I