UNION OF INDIA & ORS. vs MAJ BHAVESH TALERA RETD

Judgment text excerpt

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17787/2025, CM APPLs. 73528/2025 & 73529/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Varun Chugh, SPC, Ms. Shagun Shahi Chugh; Ms. Kavya Roy Choudhury, Advs. for UOI with Major Anish Muralidhar (Army) versus MAJ BHAVESH TALERA RETD .....Respondent Through: Ms. Shruti Rawat and Mr. Prashant Negi, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 24.11.2025 C. HARI SHANKAR, J. 1. This petition assails orders dated 4 October 2024 passed by the Armed Forces Tribunal1 in OA 1889/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from PIVD L4-L5, Malunited Fracture Head of Radius (LT) and Chronic Allergic Rhinosinusitis with composite 50% lifelong, rounded off to 75%, has been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso2. 1 “the AFT”, hereinafter 2 318 (2025) DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 17787/2025 Page 1 of 9 KUMAR Signing Date:27.11.2025 15:06:14 3. Nonetheless, we have heard Mr. Varun Chugh, learned SPC for the petitioners, and have perused the record. 4. The respondent was released in Low Medical Category on his being found to be suffering from PIVD L4-L5, Malunited Fracture Head of Radius (LT) and Chronic Allergic Rhinosinusitis. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Indian Army for over 7 years before he was diagnosed as suffering from PIVD L4-L5, Malunited Fracture Head of Radius and Chronic Allergic Rhinosinusitis. (ii) The respondent, in his self-declaration, specifically declared that he h