UNION OF INDIA & ORS. vs GP CAPT T KUMARESAN RETD S NO 17662

Judgment text excerpt

$~4 (Special Bench) * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 25.07.2025 + W.P.(C) 7103/2024 & CM APPL. 29659/2024 UNION OF INDIA & ORS. .....Petitioners Through: Mr.Satya Ranjan Swain, SPC with Mr.Kautilya Birat, Adv. for UOI Gp Capt V. Sridhar, Sgt. Manish Kumar Singh and Sgt. Mritunjay, Air Force Legal Cell versus GP CAPT T KUMARESAN RETD S NO 17662.....Respondent Through: CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL) 1. The present petition under Article 226 of the Constitution of India, has been filed by the petitioners, seeking the following reliefs: “a. Stay the operation of the Order dated 06.07.2023 passed by the Ld. Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No. 48 of 2020titled " Gp Capt T Kumaresan (Retd) v. Union of India & Ors”; b. Issue a Writ or direction in the nature of Certiorari, setting aside the Order dated 06.07.2023passed by the Ld. Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No. 48 of 2020titled "Gp Capt T Kumaresan(Retd) v. Union of India & Ors".” 2. By the Order dated 06.07.2023, passed by the learned Armed Signature Not Verified Digitally Signed W.P.(C) 7103/2024 Page 1 of 5 By:REYMON VASHIST Signing Date:28.07.2025 20:31:32 Forces Tribunal, Principal Bench, New Delhi (hereinafter referred to as, “Tribunal”) in O.A. 48/2020, titled Capt T. Kumaresan (Retd.) v. Union of India & Ors., the learned Tribunal held that the respondent herein is entitled to the disability element of pension for the disability of Primary Hypertension at the rate of 30% for life, rounded off to 50%, from the date of his retirement. 3. Briefly stated, the facts giving rise to the present petition are that the respondent was commissioned int