UNION OF INDIA AND ORS. vs HFO MURALI DHAR YADAV

Judgment text excerpt

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 26.02.2026 + W.P.(C) 2718/2026 UNION OF INDIA AND ORS. .....Petitioners Through: Ms. Gauri Goburdhun, SPC. versus HFO MURALI DHAR YADAV .....Respondent Through: Mr. Ramniwas Bansal, Adv., Sgt. Padam Charan and Sgt. Karani Singh Rathore. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) CM APPL. 13223/2026 (Exemption) 1. Exemption is allowed, subject to just exceptions. 2. The application is disposed of. W.P.(C) 2718/2026 CM APPL. 13224/2026 3. This is a writ petition filed under Article 226 of the Constitution of India against the order dated 29.07.2024 [‘impugned order’] passed by the Armed Forces Tribunal Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A.’] No. 2120/2023 titled as MWO (HFO) Murali Dhar Yadava (Retd.) v. Union of India & Ors., wherein the Respondent has Signature Not Verified W.P.(C) 2718/2026 Page 1 of 8 Signed By:MAHIMA SHARMA Signing Date:02.03.2026 16:34 been granted the benefit of the disability element of pension for Primary Hypertension (old) assessed at 30% for life, rounded off to 50% for life, from the date of his discharge from the service i.e., 31.01.2014. The arrears have been restricted to three years from the date of the filing of OA 2120/2023. 4. The facts giving rise to the present petition are set out hereinbelow: 5. The Release Medical Board [‘RMB’] held on 01.03.2013 assessed disability i.e., Primary Hypertension at 30% for life. The RMB opined that since the onset of the disease was at the time when the Respondent was serving at the peace station i.e., in March 2009 at Hyderabad and constitutional in nature, the aforesaid disability was neither attributable to nor aggr