UNION OF INDIA AND ORS vs HONY CAPT SUB MAJ BHARAT SINGH RETD

Judgment text excerpt

$~100 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 21.01.2026 + W.P.(C) 854/2026 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Shouryendu Ray, SPC with Mr. Yashendra Singhwal, Adv. versus HONY CAPT SUB MAJ BHARAT SINGH RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) CM APPL. 4165/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 854/2026 & CM APPL. 4164/2026 3. This petition lays challenge to an order dated 14.10.2024 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (‘Tribunal’) in Original Application No. 869/2023 (‘OA’, for short), whereby the Tribunal has allowed the OA filed by the respondent by stating in paragraph 7 as Signature Not Verified Signed By:PRADEEP W.P.(C) 854/2026 Page 1 of 11 SHARMA Signing Date:24.01.2026 13:12:59 under:- “7. Accordingly, we allow this application holding that the applicant is entitled to disability element of pension for the disability of Primary Hypertension @ 30% for life rounded off to 50% for life and direct the respondents to calculate, sanction and issue necessary PPO to the applicant within four months from the date of receipt of copy of this order failing which the applicant shall be entitled to interest @ 6% per annum till the date of payment.” 4. Some of the facts as noted in this order are that the respondent was enrolled in the Indian Army on 28.02.1985. He was discharged from service on 31.12.2018 after putting in 33 years of service. The respondent was examined by a duly constituted Release Medical Board (‘RMB’) on 03.09.2018 which held the disability of Primary Hypertension at 30% for life was neither attributable to nor agg