UNION OF INDIA AND ORS vs SGT MANOJ KUMAR PANDEY (RETD.)

Judgment text excerpt

$~99 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 15.01.2026 + W.P.(C) 515/2026 UNION OF INDIA AND ORS .....Petitioners Through: Ms. Arti Bansal, CGSC, Ms. Shruti Goel, Adv. versus SGT MANOJ KUMAR PANDEY (RETD.) .....Respondent Through: Mr. Praveen Kumar, Mr. Amit Kumar and Mr. Navneet Krisha Mishra, Advs. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) CM APPL. 2497/2026 1. Exemption is allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 515/2026 CM APPL. 2496/2026 3. This petition lays a challenge to an order dated 01.10.2024 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (‘Tribunal’) in Original Application (‘OA’ for short) No.3363/2023 wherein the Tribunal has allowed the OA by stating in paragraphs 3 to 6, as under:- Signature Not Verified Signed By:PRADEEP W.P.(C) 515/2026 Page 1 of 9 SHARMA Signing Date:16.01.2026 15:34:58 “3. The applicant was enrolled in the Indian Army on 19.06.1998 and discharged on 30.06.2018. The applicant submits that for the purpose of Primary Hypertension, the disability has been assessed @ 30% for life as is evident from the medical records. 4. Keeping in view the consistent stand taken by this Tribunal based on the law laid down by the Hon’ble Supreme Court in the case of Dharamvir Singh v. Union of India and others (2013) 7 SCC 316 that Primary Hypertension may arise even in a peace area due to stress and strain of service, we see no reason not to allow the prayer of the applicant with regard to the disability Primary Hypertension, which has been assessed by the Release Medical Board @ 30%. 5. Accordingly, we partially allow this application and direct the respondents to grant disability element o