UNION OF INDIA AND ORS. vs EX NK PRAMOD S

Judgment text excerpt

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 17.03.2026 + W.P.(C) 3377/2026 CM APPL. 16209-16210/2026 UNION OF INDIA AND ORS. .....Petitioners Through: Mr. Kanishk Kharbanda, SPC with Major Kanika Sharma, Army versus EX NK PRAMOD S .....Respondent Through: Mr. Tatsat Shukla and Mr Manish Kumar, Advocates CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) 1. This is a writ petition filed under Article 226 and 227 of the Constitution of India against the order dated 19.04.2024 [‘impugned order’] passed by the Armed Forces Tribunal Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A.’] No. 883/2024 titled as NK Pramod S (Retd) v. Union of India & Ors., wherein the Respondent has been granted the benefit of the disability element of pension for Primary Hypertension assessed at 30%, rounded off to 50% for life, from the date of his discharge from the service. 2. The facts giving rise to the present petition are that the Respondent Signature Not Verified W.P.(C) 3377/2026 Page 1 of 9 Signed By:MAHIMA SHARMA Signing Date:25.03.2026 11:48 was discharged from the service on 31.03.2022 in low medical category [‘LMC’] on attaining the age of superannuation 3. The Release Medical Board [‘RMB’] held on 14.03.2022 assessed the disability i.e., Primary Hypertension (ICD-i-10) at 30% for life and opined that since the onset of the disease was at the time when the Respondent was serving at the peace station i.e., in November 2020 in MH Palampur, the aforesaid disability is neither attributable to nor aggravated [‘NANA’] by the military service as per the Para 43 of Chapter VI of GMO 2008. 4. The Respondent’s claim of disability pension was rejected by the Petitioner vide