High Court of DelhiW.P.(C)/19376/2025

Union Of India & ORS. v. 241302-1 Mwo (Hfo) Pt Philipose, Retd

2025-12-22Hon'Ble Mr. Justice C.Hari Shankar,Hon'Ble Mr. Justice Om Prakash Shukla2 pages

.....Petitioners Through:

Mr. Harsh Kumar, SPC with Mr. Shekhar Kumar, Ms. Sikha Gogoi and Mr. Neel Kumar Sharma, Advs.

versus 241302-1 MWO (HFO) PT PHILIPOSE, RETD .....Respondent Through:

Mr. Baljeet Singh, Mr. AK Chaudhary and Ms. Deepika Sheoran, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 22.12.2025 C. HARI SHANKAR, J.

This writ petition assails order dated 3 November 2023 passed by the Armed Forces Tribunal1 whereby the respondent's claim to disability pension on the ground that he suffers from Primary Hypertension has been allowed.

The issue is otherwise fully covered by the judgments rendered by this Bench in as many as 219 decisions including Union of India v. Ex. SGT Manoj K L Retd2 and Union of India v. Rajveender Singh 1 "AFT" hereinafter 2 2025 SCC OnLine Del 8442 KUMAR 18:29:10 W.P.(C) 19376/2025

Mallhi3 as well as in Union of India v. Ex Sub Gawas Anil Madso4, we have upheld the order of the AFT and dismissed the writ petition. 3.

The only aspect which was a point of contention before the AFT was that the extent of disability had been assessed by the medical board by 15 to 19%. However, the AFT has dealt with this matter by pointing out that as per GMO, 2002, any assessment of disability in the case of Primary Hypertension has to be to the extent of 30% or more.

In that view of the matter, given the limited peripheries of Article 226 of the Constitution of India, no case for interference with the impugned order is made out. The writ petition is dismissed. 5.

Let compliance with the order of the AFT be ensured within 12 weeks from today.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.