UNION OF INDIA & ORS. vs HFO (MWO) RAJENDRA PRASAD SWAMI (RETD)

Judgment text excerpt

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 19.01.2026 + W.P.(C) 18067/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Abhishek Yadav,SPC versus HFO (MWO) RAJENDRA PRASAD SWAMI (RETD) .....Respondent Through: Mr. Prabhakar Mani Tiwari, Advs. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) CM APPL. 74729/2025 (Exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 18067/2025 & CM APPL. 74728/2025 3. This petition lays a challenge to order dated 14.05.2024 passed by the Armed Forces Tribunal Principal Bench, New Delhi (‘Tribunal’)in Original Application No. 3056/2022 (‘OA’, for short), wherein, the Tribunal has Signature Not Verified Signed By:PRADEEP W.P.(C) 18067/2025 Page 1 of 8 SHARMA Signing Date:24.01.2026 13:12:59 allowed the OA filed by the respondent by stating in paragraphs nos.5 & 6, as under:- “5. Accordingly, we allow this application and direct the respondents to grant disability element of pension to the applicant for Primary Hypertension @ 30% for life which be rounded off to 50% for life from the date of retirement i.e., 28.02.2021 in terms of the judicial pronouncement of the Hon'ble Supreme Court in the case of Union of India Vs. Ram A vta.r (Civil Appeal No. 418/2012) decided on 10.12.2014. 6. Accordingly, the respondents are directed to calculate, sanction and issue necessary PPO to the applicant within four months from the date of receipt of copy of this order, failing which, the applicant shall be entitled to interest @ 6% per annum till the date of payment. 7. No order as to costs.” 4. The only submission made by the learned counsel for the petitioners is that the Review Medical Board (‘RMB’, for short