UNION OF INDIA THROUGH SECRETARY & ORS. vs 681464 EX JWO HAREKRUSHNA SAHOO

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 19.02.2026 + W.P.(C) 1013/2026 CM APPL. 4911/2026 UNION OF INDIA THROUGH SECRETARY & ORS. .....Petitioner Through: Mr. Abhishek Yadav, SPC. versus 681464 EX JWO HAREKRUSHNA SAHOO .....Respondent Through: Mr. Kritendra Tiwari, Adv. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) W.P.(C) 1013/2026 CM APPL. 4911/2026 1. This is a writ petition filed under Article 226 of the Constitution of India against the order dated 13.04.2023 [‘impugned order’] passed by the Armed Forces Tribunal Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A.’] No. 1655/2021 titled as Ex JWO Harekrushna Sahoo 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% for life, rounded off to 50% for life, from the date of his discharge from the service i.e., 31.01.2020. 2. The facts giving rise to the present petition are that the Respondent Signature Not Verified Signed By:MAHIMA W.P.(C) 1013/2026 Page 1 of 8 SHARMA Signing Date:25.02.2026 11:36 was discharged from the service on 31.01.2020 under the clause ‘on attaining the age of superannuation’. 3. The Release Medical Board [‘RMB’] held on 03.03.2019 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 November 2010 at Bangalore, the aforesaid disability was neither attributable to nor aggravated [‘NANA’] by the military service. 4. The Respondent’s claim of disability pension was rejected by the Petitioners vide letter dated 11.12.2019 and the