UNION OF INDIA AND ORS vs OM PRAKASH DUBEY

Judgment text excerpt

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 27.01.2026 + W.P.(C) 1098/2026 UNION OF INDIA AND ORS .....Petitioners Through: Mr Ashish K Dixit, CGSC and Mr Umar Hashmi, Ms Iqra Shiesh and Ms Namita, Advocates. versus OM PRAKASH DUBEY .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) CM APPL. 5348/2026 (exemption) 1. Exemption is allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 1098/2026 & CM APPL. 5347/2026(Stay) 3. This is a petition filed under Article 226 of the Constitution of India against the order dated 10.01.2024 passed by the Armed Forces Tribunal Principal Bench, New Delhi [‘Tribunal’] in Original Application (‘O.A.’) No. 1146/2019 titled as Ex JWO Om Prakash Dubey 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%, rounded off to 50% for life from the date of his discharge from the service. Signature Not Verified Digitally Signed W.P. (C) 1098/2026 Page 1 of 8 By:MAHIMA SHARMA Signing Date:31.01.2026 16:56:58 4. The facts giving rise to the present writ petition are that the respondent was enrolled in Indian Air Force on 15.07.1996 and was discharged from the service on 31.07.2016 under clause ‘on fulfilling the conditions of enrolment’. At the time of discharge, the Release Medical Board [‘RMB’] assessed his disability i.e., Primary Hypertension at 30% for life. The RMB opined that since the onset of the diseases was at the time when the respondent was serving at a peace station, the aforesaid disability was neither attributable to nor aggravated [‘NANA’] by the military service. 5. The