UNION OF INDIA & ORS. vs 692688 EX HFL RAM KUMAR RETD

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 29.01.2026 + W.P.(C) 1094/2026 & CM APPL. 5335/2026 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Gaurav Mishra, CGSC Mr. Himanshu Singh, Mr. Gaurav Mishra and Mr. Navneet Dubey, Advs. versus 692688 EX HFL RAM KUMAR RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA J. (ORAL) 1. This is a writ petition filed under Article 226 of the Constitution of India against the order dated 24.09.2024 passed by the Armed Forces Tribunal Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A.’] No. 3280/2023 titled as Ex HFL Ram Kumar 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 retirement from the service i.e., 31.03.2023. 2. The facts giving rise to the present petition are that the respondent was retired from the service on 31.03.2023 under clause ‘on attaining superannuation with permanent low medical category A4G4 (P)’. The Signature Not Verified Signed By:MOHIT W.P.(C) 1094/2026 Page 1 of 7 Signing Date:09.02.2026 19:04 Release Medical Board [‘RMB’] held on 24.11.2022 assessed the disabilities i.e., Primary Hypertension (Old) 10.0 at 30% for life and Impaired Fasting Glucose (Old) R-73.03 at 15% for life, compositely assessed at 40.5% for life. The RMB opined that since the onset of the disease was at the time when the respondent was serving at the peace station i.e., AFCAO, New Delhi and was due to the lifestyle disorder, the aforesaid disabilities were neither attributable to nor aggravated [‘NANA’] by the military service. 3. The resp