UNION OF INDIA & ORS. vs EX NB SUB MADAN PAL SINGH TOMAR

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 01.04.2026 + W.P.(C) 2857/2026 CM APPL. 13949/2026 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Rajesh Kumar, Advocate with Major Kanika Sharma Army versus EX NB SUB MADAN PAL SINGH TOMAR .....Respondent Through: CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) 1. The present petition has been filed under Article 226 with the following prayers: “i. Issue a writ of certiorari interalia setting aside the order dated 17.04.2018 passed by the Hon’ble Armed Forces Tribunal. ii. Pass any other order(s)/direction(s) as this Hon’ble Court deems fit in the interest of justice.” 2. The brief facts are that the Respondent was enrolled in the Army Medical Corps on 21.10.1963 and was discharged in 1988 on compassionate grounds under Rule 13(3) Table 1(i) of the Army Rules,1954. Signature Not Verified ITA 750/2025 Page 1 of 4 Signed By:MOHIT Signing Date:07.04.2026 17:56 2.1. Prior thereto, Release Medical Board [‘RMB’] held on 22.09.1988 assessed his disability “Sciatica (LT)” at 30% for two years and opined the same to be not attributable to, but aggravated by, military service. He was thereafter granted service pension vide PPO dated 12.12.1988. 2.2. After about 28 years, the Respondent served a legal notice dated 13.08.2016 upon the Petitioners claiming disability pension with rounding off benefits. Upon rejection of the said claim vide reply dated 07.02.2017, the Respondent filed Original Application [‘O.A.’] No. 878 of 2017 before the Armed Forces Tribunal, Principal Bench [‘Tribunal’]. 2.3. The Tribunal allowed the O.A. vide order dated 17.04.2018 and granted disability element of pension at 30%, rounded off to 50% w.e.f. 01.0