Union Of India And ORS v. Ex Wo Rajaram 674136

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19570/2025, CM APPLs. 81762-763/2025 UNION OF INDIA AND ORS .....Petitioners Through:

Mr. Jatin Teotia, SPC with Mr.

Prakhar Vashisth, Adv.

Sgt Manish Kumar Singh and Sgt Mritunjay, DAV Legal Cell Air Force versus EX WO RAJARAM 674136 .....Respondent Through:

Mr. Baljeet Singh, Ms. Deepika Sheoran, Mr. Abhishek Gahlyan, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 23.12.2025 C. HARI SHANKAR, J.

1.

This writ petition assails an order dated 24 August 2023 passed by the Armed Forces Tribunal1 whereby the respondent's prayer for disability pension has been allowed.

2.

Disability pension was sought on the ground that the respondent suffered from Primary Hypertension which was found to be 30% for life rounded off to 50%. The onset of the Primary Hypertension was 37 years after the respondent joined the service. No Primary Hypertension was noted at the time when the respondent was 1 "AFT", hereinafter

recruited.

3.

The reasoning given by the Release Medical Board for holding that the respondent's Primary Hypertension was not attributable to or aggravated by service read thus:

" It is a life style disorder and the onset of the disability is in peace area, there was no delay in diagnosis and there is no h/o any service related strain and stress of HAA/CI Ops/Filed area and as per para 43 of chapter VI of GMO-2008 (Mil Pension)." 4.

In 221 similar cases, in which the reasoning of the RMB is substantially the same, including Union of India v. Ex. SGT Manoj K L Retd2 and Union of India v. Rajveender Singh Mallhi3 as well as Union of India v. Ex Sub Gawas Anil Madso4, we have upheld the order of the AFT and dismissed the writ petition. 5.

Those decisions apply, mutatis mutandis, to the present case. 6.

We have not been informed that any of these decisions has been stayed or interfered with by the Supreme Court. 7.

Mr. Teotia, learned SPC for the Union of India fairly acknowledges that this dispute is entirely covered by the aforesaid decisions.

8.

The writ petition is accordingly dismissed in limine. 2 2025 SCC OnLine Del 8442 3 2025 SCC OnLine Del 3956 4 318 (2025) DLT 711

9.

Compliance with the order of the AFT be positively ensured within twelve weeks from today.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

DECEMBER 23, 2025/dsn