UNION OF INDIA AND ORS vs EX HAV RAGHUBIR SINGH

Judgment text excerpt

$~112 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5610/2024 & CM APPL. 23093/2024 UNION OF INDIA & ORS. .....Petitioners Through: Mr. R. Venkat Prabhat, Senior Panel Counsel with Ms. Kamna Behrani, Mr. Ansh Kalra, and Mr. Divyanshu Sinha, Advs. Major Anish Muralidhar, Army versus EX HAV RAGHUBIR SINGH .....Respondent Through: Mr. Ved Prakash, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 23.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 18 October 2023 passed by the Armed Forces Tribunal1 in OA 168/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from (i) CAD Transient CHB(N) Epicardial Coronaries (N) CV Function (I-45) with 30%, (ii) Diabetes Mellitus Type-II with 20% and Primary Hypothyroidism with 20% disability, has been allowed by the AFT. 1 “the AFT”, hereinafter W.P.(C) 5610/2024 Page 1 of 11 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:25.09.2025 14:33:38 2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. R. Venkat Prabhat, 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 CAD Transient CHB(N) Epicardial Coronaries (N) CV Function (I-45), Diabetes Mellitus Type-II and Primary Hypothyroidism. 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 26 years before he was diagnosed as suffering from CAD Transient CHB(N) Epicardial Coronaries (N) CV Function (I- 45), Diabetes Mellitus Type-II and Primary Hypothyroidism. (ii