UNION OF INDIA & ORS. vs COL NARENDER BHUSHAN RETD

Judgment text excerpt

$~135 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15731/2025, CM APPLs. 64399/2025 & 64400/2025 UNION OF INDIA & ORS. .....Petitioner Through: Mr. Rajesh Kumar, SPC with Ms. Pragya Yadav and Mr. Sanjay Kumar, Advs. for UOI with Major Anish Murlidhar versus COL NARENDER BHUSHAN RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 14.10.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 10 May 2024 passed by the Armed Forces Tribunal1 in OA 289/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from IHD (Anterior Myocardial Infraction) post CABG with 50% disability, rounded off to 75% for life, has been allowed by the AFT. 2. Mr. Rajesh Kumar, learned Senior Panel Counsel for the Union of India restricts the challenge in this petition to the benefit of broad- banding granted to the respondent. 3. The issue is covered by a recent decision rendered by us in UOI 1 “the AFT”, hereinafter Signature Not Verified W.P.(C) 15731/2025 Digitally Signed By:AJIT Page 1 of 9 KUMAR Signing Date:16.10.2025 12:57:50 v Ex Sub Gawas Anil Madso2. 4. Nonetheless, we have heard Mr. Rajesh Kumar, learned SPC for the petitioners, and have perused the record. 5. The respondent was released in Low Medical Category on his being found to be suffering from IHD (Anterior Myocardial Infraction) post CABG. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Army for over 35 years before he was diagnosed as suffering from IHD (Anterior Myocardial Infraction) post CABG. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from I