UNION OF INDIA & ORS. vs IC-43997N COL SHIV KUMAR SINGH

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 22.01.2026 + W.P.(C) 18095/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr Nishant Gautam, CGSC and Ms Kavya Shukla Advocate with Major Anish Muralidhar in person. versus IC-43997N COL SHIV KUMAR SINGH .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) CM APPL. 74884/2025 (Exemption) 1. Exemption is allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 18095/2025 & CM APPL. 74885-86/2025 3. This petition has been filed by the petitioners challenging the order dated 19.07.2023 (impugned order) passed by the Armed Forces Tribunal, Principal Bench, New Delhi (Tribunal) in Original Application No. 589/2020 (‘OA’ for short), whereby the Tribunal has allowed the OA filed by the respondent by stating in paragraphs 14 to 19 as under:- “14. In the present case, it is not disputed that the applicant had been posted seven times at the field stations, most of Signature Not Verified Signed By:PRADEEP W.P.(C) 18095/2025 Page 1 of 10 SHARMA Signing Date:24.01.2026 15:41:42 which were in J&K, a High Altitude Area and he had been a part of the counter insurgency operations such as 'OP PRAKRAM '. Therefore, as per the guidelines laid down in GMO(MP), 2008, the service in field and high altitude areas in addition to physical hardship inflicts considerable stress and strain on the individual and, therefore, the assessment of the disability of the applicant as neither attributable to nor aggravated by military service is not reasonable. Although the disability was noted when the applicant was in a peace area, the probability of earlier service in field and high altitude areas having contr