UNION OF INDIA & ORS. vs HAV BHAGWAN SINGH (RETD)

Judgment text excerpt

$~124 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09.07.2025 + W.P.(C) 8222/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr.Nitinjya Chaudhry, SPC with Ms.Vidhi Gupta and Mr.Rahul Mourya, Advs. Major Anish Muralidhar, Army versus HAV BHAGWAN SINGH (RETD) .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) CM APPL.35966/2025 (Exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 8222/2025 & CM APPL.35965/2025 2. This petition has been filed by the petitioners under Article 226 of the Constitution of India, seeking the following reliefs: “a. Issue an appropriate Writ or writ in the nature of Certiorari or directions setting aside the Order dated 20.03.2023 passed by the Ld. Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No. 1357 of 2022 titled “Sub Govind Singh (Retd) v. Union of India & Ors”; and b. Stay the operation of the Order dated Signature Not Verified Digitally Signed W.P.(C) 8222/2025 Page 1 of 6 By:RENUKA NEGI Signing Date:11.07.2025 20:49:09 20.03.2023 passed by the Ld. Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No. 1357 of 2022 titled “Sub Govind Singh (Retd) v. Union of India & Ors.” 3. Vide Order dated 28.03.2024 passed by the learned Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘Tribunal’) in Original Application No. 1572/2023 (hereinafter referred to as the ‘O.A.’), titled Hav Bhagwan Singh (Retd.) v. Union of India & Ors., the learned Tribunal held that the respondent is entitled to the disability element of pension at 20% for life, rounded off to 50%, from the date of his discharge, for the disability of Diabetes Mellitus Type-II. The learned Tribunal