NO. 242500 HFO KC DOGRA RETD vs UNION OF INDIA & ORS.

Judgment text excerpt

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 11.03.2026 + W.P.(C) 16771/2025 NO. 242500 HFO KC DOGRA RETD .....Petitioner Through: Mr. Manoj Kumar Gupta, Ms. Devangana Sharma, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Subhra Parashar, SPC, Mr. Virender Pratap Singh Charak, Mr. Gaurav Khosla, Advocates, Ms. Rupali Sinha, GP. Sgt, Mritunjay and Sgt, Padam Charan, for Union of India, DAV Legal Cell, Air force CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) 1. The present writ petition has been filed under Article 226 of the Constitution of India, 1950 against the order dated 24.02.2025 [‘Impugned Order’] passed by the Armed Forces Tribunal, Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A.’] No. 833/2019, whereby the Petitioner’s application seeking the grant of disability element of the pension was rejected. The Petitioner also impugns the order dated 04.09.2025 dismissing the review petition. 2. The Petitioner joined the Indian Air Force (‘IAF’) on 22.01.1969. During his service the Petitioner was diagnosed with ‘Primary Hypertension’ while posted in Jammu/23 wing (J&K) 29.04.1996 and was placed in Low Medical Category (‘LMC’) in December 1997. 3. The Release Medical Board [‘RMB’] held on 24.01.2008 assessed the Signature Not Verified Signed By:MOHIT W.P.(C) 16771/2025 Page 1 of 9 Signing Date:18.03.2026 18:36 disability i.e., Primary Hypertension at 30% for life. The RMB opined that the disease is constitutional in nature and therefore, the aforesaid disability was neither attributable to nor aggravated [‘NANA’] by the military service. The Petitioner was discharged from IAF in low medical category on 01.01.2009 after complet