UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE & ORS. vs EX SGT ABHAYA KUMAR RATH 721024 N

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 15861/2025, CM APPLs. 64927/2025 & 64928/2025 UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE & ORS. .....Petitioners Through: Mr. Manish Rohilla, Sr. PC with Mr. Pradeep Kumar Yadav, Advocate. SGT Manish Kumar Singh, Air Force Legal Cell and SGT Mritunjay. versus EX SGT ABHAYA KUMAR RATH 721024 N .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 15.10.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 29 May 2025 passed by the Armed Forces Tribunal1 in OA 361/2018 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Prolapsed Inter Vertibral Disc L4-L52 with 30% disability 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 Madso3. 1 “the AFT”, hereinafter 2 “PIVD”, hereinafter 3. Nonetheless, we have heard Mr. Manish Rohilla, 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. From the record, including the proceedings of