UNION OF INDIA AND ORS vs WG CDR MAHADASU SURENDRA RETD

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10.02.2026 + W.P.(C) 836/2026 & CM APPL. 4099/2026 UNION OF INDIA AND ORS .....Petitioners Through: Mr. N Balraj, SPC, along with Mr. Aadhar Nautiyal, Ms. Meghna Rao, Ms. Osheen Bhat, Advocates versus WG CDR MAHADASU SURENDRA RETD .....Respondent Through: Ms. Deepika Sheoran, Mr. Baljeet Singh, Mr. Abhishek Gahlyan, Advs. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) 1. This is a writ petition filed under Article 226 of the Constitution of India against the order dated 25.07.2023 [‘impugned order’] passed by the Armed Forces Tribunal Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A.’] No. 1638/2021 titled as Wg. Cdr. Mahadasu Surdendra (Retd) v. Union of India & Ors., wherein the Respondent has been granted the benefit of the disability element of pension for Primary Hypertension assessed at 30%, rounded off to 50% for life, from the date of his discharge from the service i.e., 12.06.2020. 2. The facts giving rise to the present petition are that the Respondent Signature Not Verified Signed By:MAHIMA W.P.(C) 836/2026 Page 1 of 8 SHARMA Signing Date:16.02.2026 15:33 was discharged from the service on 12.06.2020 as ‘premature separation from service’. 3. The Release Medical Board [‘RMB’] held on 15.11.2019 assessed the disability i.e., Primary Hypertension at 30% for life. In the detailed justification as per the Appendix A, 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 January 2019 at Gwalior, Madhya Pradesh, the aforesaid disabilities were neither attributable to nor aggravated [‘NANA’] by the military service. 4. The Res