UNION OF INDIA AND ORS vs EX SIGMNN SURENDER SINGH RATHORE

Judgment text excerpt

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5793/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. P S Singh, CGSC, Ms. Minakshi Singh, Advs. with Major Anish Muralidhar, Army versus EX SIGMNN SURENDER SINGH RATHORE ...Respondent Through: Mr. Praveen Kumar, Adv. 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 writ petition, at the instance of the Union of India, assails order dated 2 April 2024, passed by the Armed Forces Tribunal1, Principal Bench, New Delhi in RA 13/2024 in OA 2037/2018 (Ex SIGMNN Surender Singh Rathore v UOI and Ors). 2. OA 2037/2018 was preferred by the respondent Surender Singh Rathore2, seeking disability pension, on the ground that he was suffering from Maculopathy (RE) V67 @ 30% for life, which was a disability that entitled him to disability pension. 1 “the AFT” hereinafter 2 “Rathore” hereinafter Signature Not Verified W.P.(C) 5793/2025 Page 1 of 6 Digitally Signed By:AJIT KUMAR Signing Date:05.05.2025 19:53:44 3. The AFT did not agree and, by judgment dated 12 February 2024, dismissed the OA, holding that there was nothing to indicate that the conditions of military service determined or contributed to the onset of the disease or that the ailment was attributable to the military service undergone by the respondent. In other words, the Tribunal held that there was nothing to indicate that the Maculopathy from which the respondent suffered was attributable to, or aggravated by, military service. 4. The respondent preferred RA 13/2024, seeking review of the aforenoted order dated 12 February 2024 in OA 2037/2018. In RA 13/2024, the respondent contended that, during the course of oral arguments in OA 2037/2018, the respondent had prayed that