UNION OF INDIA & ORS. vs MR NC E PREM SINGH 802855

Judgment text excerpt

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 06.01.2026 + W.P.(C) 68/2026 & CM APPL. 320-321/2026 UNION OF INDIA & ORS. .....Petitioners Through: Ms. Sunanda Shukla, SPC with Mr. Jagdish Chandra Solanki and Mr. Siddharth Bajaj, Advs. Sgt. Mritunjay and Sgt. Padam Charan, DAV, Legal Cell, Air Force versus 802855 NC(E) PREM 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. 321/2026 (Exemption) 1. Allowed, subject to just exceptions. 2. The application is disposed of. W.P.(C) 68/2026 & CM APPL. 320/2026 3. This petition under Article 226 of the Constitution of India lays a challenge to the order dated 22.05.2023 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter, ‘Tribunal’) in O.A. 1085/2020, whereby the Tribunal has allowed the O.A. filed by the respondent herein by stating in paragraphs 7 and 8 as under: “7. In view of the aforesaid judicial pronouncements and the parameters referred to above, the applicant is entitled for disability element of pension in respect of disability ‘Primary Signature Not Verified Signed By:MAHIMA SHARMA W.P.(C) 68/2026 Page 1 of 8 Signing Date:14.01.2026 12:24 Hypertension’. Accordingly, we allow this application holding that the applicant is entitled to disability element of pension @ 30% rounded off to 50% with effect from the date of his discharge in terms of the judicial pronouncement of the Hon’ble Supreme Court in the case in the case of Union of India Vs. Ram Avtar (Civil Appeal No. 418/2012), decided on 10.12.2014. 8. The respondents are thus directed to calculate, sanction and issue the necessary PPO to the applicant within a period of three months from the date of receipt