UNION OF INDIA & ORS. vs RAJBIR SINGH

Judgment text excerpt

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 06.01.2026 + W.P.(C) 55/2026 & CM APPL. 293-294/2026 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Raj Kumar, CGSC Sgt. Mritunjay and Sgt. Padam Charan, DAV, Legal Cell, Air Force versus (677223) EX WO RAJBIR SINGH .....Respondent Through: Mr. Ramniwas Bansal, Adv. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO , J. (ORAL) CM APPL. 294/2026 1. Allowed, subject to all just exceptions. 2. The application is disposed of. W.P.(C) 55/2026 3. This petition lays a challenge to an order dated 28.03.2024 passed by the Armed Forces Tribunal, Principal Bench, New Delhi in O.A. No. 2235/2022 whereby the Tribunal has allowed the O.A. filed by the respondent herein by stating as under: “4. Accordingly, we partially 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 Signature Not Verified Signed By:MAHIMA SHARMA W.P.(C) 55/2026 Page 1 of 5 Signing Date:14.01.2026 12:24 life from the date of retirement i.e., 30.09.2021 in terms of the judicial pronouncement of the Hon'ble Supreme Court in the case of Union of India Vs. Ram Avtar (Civil Appeal No. 418/2012) decided on 10.12.2014. 5. 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.” 4. The respondent was enrolled in Indian Air Force on 05.03.1983. He was discharged while working as Warrant Officer on 30.09.2021. The case of the respondent before the Tribunal was