UNION OF INDIA & ORS. vs AIR CMDE RAGHVENDRA KUMAR TRIPATHI RETD

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 06.01.2026 + W.P.(C) 57/2026 & CM APPL. 296-297/2026 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Raj Kumar, CGSC Sgt. Mritunjay and Sgt. Padam Charan, DAV, Legal Cell, Air Force versus AIR CMDE RAGHVENDRA KUMAR TRIPATHI RETD .....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) 1. This petition lays a challenge to the order dated 18.10.2024 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter, ‘Tribunal’), whereby the O.A. 1675/2025 titled Air Cmde Raghvendra Kumar Tripathi (Retd) v. Union of India and Ors., filed by the respondent herein has been allowed by stating reasons in paragraphs 6 to 10, which reads as under: - “6. On the careful perusal of the materials available on record and also the submissions made on behalf of the parties, we are of the view that it is not in dispute that the extent of disability was assessed to be above 20% which is the bare minimum for grant of disability element of pension in terms of Regulation 153 of the Pension Regulations for the Air Force, 1961 (Part-1). The only question that arises for consideration in the above backdrop, is whether disability suffered by the applicant was attributable to or aggravated by Military Service? 7. The issue of attributability of a disease is no longer res integra in view of the verdict of the Hon’ble Apex Court in Dharamvir Singh (supra), wherein, it is clearly spelt out that any disease contracted Signature Not Verified Digitally Signed By:MOHIT W.P.(C) 57/2026 Page 1 of 8 Signing Date:13.01.2026 11:39:04 during service is presumed to be attributable to Military Service, if there is no record of any