UNION OF INDIA AND ORS vs 625328 EX WO RAMCHANDRA GAUR

Judgment text excerpt

$~118 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 21.01.2026 + W.P.(C) 860/2026 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Nishant Gautam CGSC, Ms. Kavya Shukla Adv. versus 625328 EX WO RAMCHANDRA GAUR .....Respondents Through: Appearance not given. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) CM APPL. 4208/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 860/2026 & CM APPL. 4207/2026 3. This petition lays a challenge to the order dated 10.05.2024 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (‘Tribunal’) in Original Application No. 2143/2023 (‘OA’), whereby the Tribunal, has allowed the OA by stating as under in paragraph 4:- “4. Accordingly, we allow this application and direct the respondents to grant disability element of pension to the applicant @ 30% for life which be rounded off to 50% for life Signature Not Verified Signed By:PRADEEP W.P.(C) 860/2026 Page 1 of 7 SHARMA Signing Date:24.01.2026 15:41:42 from the date of retirement, i.e., 31.01.2018 in terms of the judicial pronouncement of the Hon 'ble Supreme Court in the case of Union of India Vs. Ram A vtar (CiVJ1 Appeal No. 418/2012) decided on 10.12.2014. However, the arrears will be restricted to three years from the date of filing of this OA or the date of applicant's retirement/ discharge, whichever is lesser, in keeping with the law laid down in the case of Union of India and others Vs. Tarsem Singh /2008 (8)SCC 649].” 4. The submission made by the learned counsel for the petitioner is by referring to the opinion of the Release Medical Board (‘RMB’) wherein, the RMB has stated that the disability of hypertension is neither attribu