UNION OF INDIA & ORS. vs BRIG. SURYA DEO PRASAD

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 22.01.2026 + W.P.(C) 18103/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr Nishant Gautam, CGSC and Ms Kavya Shukla Advocate with Major Anish Muralidhar in person. versus BRIG. SURYA DEO PRASAD .....Respondent Through: Mr S M Dalal, Advocate. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) CM APPL. 74896/2025(Exemption) 1. Exemption is allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 18103/2025 & CM APPL. 74895/2025 3. This petition has been filed by the petitioners challenging the order dated 17.08.2023 (impugned order) passed by the Armed Forces Tribunal, Principal Bench, New Delhi (Tribunal) in Original Application No. 1604/2018 (‘OA’ for short), whereby the Tribunal has allowed the OA filed by the respondent by stating in paragraphs 14 & 15, as under:- “14. In view thereof the OA 1604/2018 is allowed, and the applicant is held entitled to the grant of the disability element of pension qua the disability of 'Primary Hypertension' assessed @ 40% for life which is directed to be broad banded to 50% for life in terms of the verdict of the Hon'ble Supreme Court in Union of Signature Not Verified Signed By:PRADEEP W.P.(C) 18103/2025 Page 1 of 8 SHARMA Signing Date:24.01.2026 13:12:59 India vs Ram Avtar decided on 10.12.2014 in Civil Appeal no. 418 of 2012 with effect from the date of his discharge, and the respondents are directed to issue the corrigendum PPO with directions to the respondents to pay the arrears within a period of three months from the date of receipt of a copy of this order, failing which, the respondents would be liable to pay interest @6% p.a. on the arrears due from the d