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High Court of DelhiW.P.(C)/3262/2025

Union Of India v. Ex Sgt Sandip Goyal

2025-12-12Hon'Ble Mr. Justice C.Hari Shankar,Hon'Ble Mr. Justice Om Prakash Shukla2 pages

$~ 20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3262/2025, CM APPL. 15322/2025 UNION OF INDIA .....Petitioner Through:

Ms. Anubha Bhardwaj, CGSC with Ms. Muskan Narang, Advs.

versus EX SGT SANDIP GOYAL .....Respondent Through:

Mr. Durgesh Kumar Sharma, Adv.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 12.12.2025 CM APPL. 15321/2025 (for exemption) 1.

Exemption application allowed subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) 3262/2025 3.

The Union of India challenges an order passed by the Armed Forces Tribunal, whereby disability pension has been granted to the respondent.

4.

The reasoning of the Release Medical Board1 on the basis of which the respondent was disqualified is thus reproduced: 1 "RMB" hereinafter W.P.(C) 3262/2025 Signed By:GUNN 18:02:14

"An idiopathic disorder/life style related disorder. Onset Sep 2004 while posted in peace. Prior to onset individual served in peace stations only since 1990. No close time association with stress/strain of Fd/HAA/CIOPS service. Hence NANA in terms of para 43/47//14 of GMO (Ch. VI)"

5.

It is also acknowledged in the RMB that at the time of his entry into the service, the aforesaid ailment was not present. 6.

In cases involving identical recommendations of the RMB, this Court has inter alia in Union of India v. Ex. SGT Manoj K L Retd2, Union of India v. Rajveender Singh Mallhi3 and Union of India v. Koutharapu Srinivasa4 cases upheld the order of the Armed Forces Tribunal and dismissed the petition of the Union of India. 7.

To our knowledge, none of the said orders has been reversed or interdicted by the Supreme Court in any matter. 8.

Accordingly, following the said decisions, this writ petition is dismissed.

9.

Let the compliance to the order passed by the Armed Forces Tribunal be ensured within 12 weeks.

C. HARI SHANKAR, J OM PRAKASH SHUKLA, J DECEMBER 12, 2025/AT 2 2025 SCC OnLine Del 8442 3 2025 SCC OnLine Del 3956 4 2025 SCC OnLine Del 4292 W.P.(C) 3262/2025 Signed By:GUNN 18:02:14