UNION OF INDIA & ANR. vs EX NC E T CHANDRA PAL SINGH

Judgment text excerpt

$~121 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 22.01.2026 + W.P.(C) 918/2026 UNION OF INDIA & ANR. .....Petitioners Through: Mr. Himanshu Pathak, SPC with Mr. Chetan Sharma, Adv versus EX NC E T CHANDRA PAL SINGH .....Respondent Through: Mr. O.S. Punia, Adv. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) CM APPL. 4524/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 918/2026 & CM APPL. 4523/2026 3. This petition has lays to challenge the order dated 09.11.2023 passed by the Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No. 2128/2021 (‘AO’), whereby the Tribunal, has allowed the OA by stating in paragraphs 16 & 17 as under:- “16. Therefore, in view of our analysis, the OA 2128/2021 is allowed and the respondents are directed to grant benefit of disability element of pension @20% for life (for DM Type II Signature Not Verified Signed By:PRADEEP W.P.(C) 918/2026 Page 1 of 6 SHARMA Signing Date:25.01.2026 19:03:13 (Old), rounded off to 50% for life in view of judgment of the Hon‟ble Apex Court in Union of India Vs. Ram Avtar (supra) from the date of discharge i.e., 30.04.2019. 17. Accordingly, the respondents are directed to calculate, sanction and issue necessary PPO to the applicant within three months from the date of receipt of copy of this order, failing which, the applicant shall be entitled to interest @6% p.a. till the actual date of payment.” 4. The submission of the learned counsel for the petitioners is primary that the order of the Tribunal is perverse as it did not consider the Entitlement Rules of 2008, wherein, the general presumption that onset of disability on the principle, attrib