UNION OF INDIA & ORS. vs (683581) EX MWO (IIFO) ANAND KUMAR DWIVEDI

Judgment text excerpt

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 03.02.2026 + W.P.(C) 1352/2026, CM APPL. 6706/2026(Stay) UNION OF INDIA & ORS. .....Petitioners Through: Ms Archana Gaur, CGSC, Ms Ridhima Gaur and Mr Deepu Kumar, Advocates. versus (683581) EX MWO (HFO) ANAND KUMAR DWIVEDI .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) 1. This petition has been filed by the petitioners challenging the order dated 25.09.2024 (impugned order) passed by the Armed Forces Tribunal, Principal Bench, New Delhi (Tribunal) in Original Application No.911/2023, (‘OA’ for short), whereby the Tribunal has allowed the OA filed by the respondent by stating in paragraph 4 onwards as under:- “4. The applicant was enrolled in the Indian Air Force on 11.03.1983 and discharged from service on 31.12.2020. The applicant submits that for the purpose of Primary Hypertension, the disability has been assessed @ 30% as is Signature Not Verified Signed By:PRADEEP W.P. (C) 1352/2026 Page 1 of 6 SHARMA Signing Date:06.02.2026 11:55:37 evident from the medical records. The composite disability for the ailment has also been assessed at 30%. 5. Keeping in view the consistent stand taken by this Tribunal based on the law laid down by the Hon'ble Supreme Court in the case of Dharamvir Singh Vs. Union of India and others [(2013) 7 SCC 316] that Primary Hypertension may arise even in a peace area due to stress and strain of service, we see no reason not to allow the prayer of the applicant with regard to the disability Primary Hypertension, assessed by the competent Medical Board @ 30%. 6. Accordingly, we allow this OA and direct the respondents: (i) to grant disability element of pension to the applicant