UNION OF INDIA AND ORS. vs 684783 EX HFO BRIJ KISHOR TRIPATHI

Judgment text excerpt

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 01.04.2026 + W.P.(C) 4187/2026 UNION OF INDIA AND ORS. .....Petitioners Through: Ms. Arunima Dwivedi CGSC with Ms. Swati Jhunjhunwala, Ms. Monalisha Pradhan, Advs. Sgt Padam Charan IAF. versus 684783 EX HFO BRIJ KISHOR TRIPATHI .....Respondent Through: Mr. Manoj Kr. Gupta, Ms. Esha Mehrotra and Ms. Devangana Sharma, Advs. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) CM APPL. 20450/2026 1. Exemption is allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 4187/2026 & CM APPL. 20449/2026 3. This is a writ petition filed under Article 226 of the Constitution of India against the order dated 11.04.2023 [‘impugned order’] passed by the Armed Forces Tribunal Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A.’] No. 1265 of 2021 titled as (684783) EX HFO Brij Kishor Tripathi v. Union of India and Ors., whereby the Respondent has Signature Not Verified Signed By:MOHIT W.P. (C) 4187/2026 Page 1 of 9 Signing Date:07.04.2026 17:58 been granted the benefit of the disability element of pension for Primary Hypertension and Diabetes Mellitus Type-2 compositely assessed, by Release Medical Board [‘RMB’] at 40% rounded off to 50% for life, from the date of his discharge. 4. The facts giving rise to the present petition are that the Respondent, who was enrolled in the Indian Air Force [‘IAF’] on 18.06.1983, was discharged in low medical category [‘LMC’] A4G4 (P) after rendering a total of 37 years of regular service. 5. The RMB held on 01.10.2019 assessed the disabilities, i.e., (i) Primary Hypertension at 30% for life and (ii) Diabetes Mellitus Type-2 at 20%, compositely assessed at 40%