UNION OF INDIA AND ORS vs EX JWO VINAY RATHEE

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5673/2025, CM APPL. 25931/2025 & CM APPL. 25932/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. N K Aggarwal, SPC with Ms. Sanjana Antil, Adv. versus EX JWO VINAY RATHEE .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 02.05.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 27 July 2023 passed by the Armed Forces Tribunal1 in OA 1590/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Coronary Artery Disease2 (Post CABG) and Diabetes Mellitus Type-II3 with 50% disability has been allowed by the AFT relying on the judgment of the Supreme Court in Dharamvir Singh v UOI4. 2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso5. 1 “the AFT”, hereinafter 2 “CAD”, hereinafter 3 “DM-II”, hereinafter 4 (2013) 7 SCC 316 5 2025 SCC OnLine Del 2018 3. Nonetheless, we have heard Mr. N K Aggarwal, learned Senior Panel Counsel for the petitioners, and have perused the record. 4. The respondent was released in Low Medical Category on his being found to be suffering