UNION OF INDIA THROUGH MINISTRY OF DEFECNE vs NAIK DILWAR SINGH (RETIRED)

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 03.02.2026 + W.P.(C) 560/2026 UNION OF INDIA THROUGH MINISTRY OF DEFECNE .....Petitioner Through: Ms. Gauri Goburdhun, SPC, Major Anish Muralidhar and Major Kanika Sharma. versus NAIK DILWAR SINGH (RETIRED) .....Respondent Through: Mr. Nawneet Krishna Mishra, Adv. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) CM APPL. 2759/2026 (Exemption) 1. Exemption is allowed, subject to just exceptions. 2. The application is disposed of. W.P.(C) 560/2026, CM APPL. 2760/2026 3. This is a writ petition filed under Article 226 of the Constitution of India against the order dated 28.03.2024 [‘impugned order’] passed by the Armed Forces Tribunal Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A.’] No. 1094/2023 titled as Naik Dilwar Singh (Retd.) v. Union of India and Ors., wherein the Respondent has been granted the Signature Not Verified Digitally Signed W.P. (C) 560/2026 Page 1 of 7 By:MOHIT Signing Date:13.02.2026 19:42:57 benefit of the disability element of pension for Primary Hypertension assessed at 30% for life, rounded off to 50% for life, from the date of his retirement from the service. 4. The facts giving rise to the present petition are that the Respondent was discharged from the service on 31.08.2022. 5. The Release Medical Board [‘RMB’] held on 07.06.2022 assessed the 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 February 2020 at Ranikhet, Uttarakhand, the aforesaid disabilities were neither attributable to nor aggravated [‘NANA’] by the military service. 6. The Respond