UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE & ORS. vs 677262 EX SGT RAJKISHORE RETD

Judgment text excerpt

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 14.01.2026 + W.P.(C) 475/2026 UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE & ORS. .....Petitioners Through: Mr. Abhishek Khanna, SPC and Mr. Ausafur Rahman, Adv. versus 677262 EX SGT RAJKISHORE RETD .....Respondent Through: Ms. Deepika Shrama, Mr. Baljeet Singh and Mr. A.K. Chaudhary, Advs. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) CM APPL. 2334/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 475/2026 & CM APPL. 2333/2026(Stay) 3. This petition lays a challenge to an order dated 15.05.2023 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (Tribunal) in Original Application (OA) No.408/2022, whereby the Tribunal has allowed the OA filed by the respondent herein by stating in paragraph 13 and 14 as Signature Not Verified Signed By:PRADEEP W.P.(C) 475/2026 Page 1 of 8 SHARMA Signing Date:16.01.2026 18:26:50 under:- “13. Therefore, in view of our analysis, the OA is allowed and Respondents are directed to grant benefit of disability element of pension compositely @ 20% for life rounded off to 50% in view of judgment of Hon’ble Apex Court in Union of India versus Ram Avtar (supra) from the date of retirement i.e. 30.06.2021. The arrears shall be disbursed to the applicant within four months of receipt of this order failing which it shall earn interest @ 6% p.a. till the actual date of payment. 14. Consequently, the O.A. 408/2022 is allowed. During the course of the hearing the applicant has withdrawn rest of the disabilities and has only pressed for Diabetes Mellitus (Old).” 4. The facts to be noted from the petition are that the respondent herein was en