IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, OM PRAKASH SHUKLA, JJ.
Union Of India And Ors. - Appellant
Vs.
Ex Sgt Babu Lal Yadav - Respondent
W.P.(C) 13731 Of 2024, CM APPL. 57490 Of 2024, W.P.(C) 804 Of 2025, CM APPL. 3973 Of 2025, W.P.(C) 821 Of 2025, CM APPL. 4062 Of 2025, W.P.(C) 824 Of 2025, CM APPL. 4067 Of 2025, W.P.(C) 990 Of 2025, CM APPL. 4935 Of 2025
Decided On : 05-08-2025
| Table of Content |
|---|
| 1. entitlement to disability pension. (Para 1 , 2) |
JUDGMENT :
C. HARI SHANKAR, J.
1. These writ petitions deal with the entitlement of the respondents to disability pension. The Union of India assails decisions of the Armed Forces Tribunal, whereby disability pension stands granted to the respondents.
2. These cases stand covered by as on date more than eighty judgments passed by this Bench as well as by a Coordinate Bench of this Court. They also stand covered by the judgment of the Supreme Court in Dharamvir Singh v UOI, [(2013) 7 SCC 316] as well as the recent decision of the Supreme Court in Vijender Singh v UOI, [2025 SCC OnLIne SC 895]
3. Against one of these decisions, which was rendered by us in UOI v Ex Sub Gawas Anil Madso , [2025 SCC OnLine 2018], an SLP has been preferred before the Supreme Court in which notice alone has been issued and no interim orders have been passed.
4. We are not informed that any SLP has been preferred against any of the other matters passed by this Bench or the Coordinate Bench.
5. Learned Counsel for the Union of India in all these matters fairly acknowledged that the controversy stands covered by the above decisions.
6. In its recent decision in Union Territory of Ladakh v Jammu & Kashmir National Conference, [2023 SCC OnLine SC 1140], the Supreme Court has deprecated the practice of hierarchically lower Courts including the High Courts keeping matters pending merely because some issue is pending before the Supreme Court. Even where the correctness of a judgment has been doubted by the Supreme Court, the decision in Jammu & Kashmir National Conference directs High Courts to implement the law as it stands and not to adjourn matters awaiting the outcome of the appeals in the Supreme Court.
7. We have taken stock of this judgment in para 60 of the judgment in Gawas Anil Madso
8. We, therefore, proceed to decide these writ petitions on the basis of the decisions taken by this Court.
9. A tabular statement of the position as it emerges in all these writ petitions, including the decisions by which the individual writ petitions, may be provided thus:
| S No. | WP(C) No. | Name of Respondent | Disability | Years of service | Reasoning given by the RMB |
| 1. | W.P.(C) 13731/2024 | Ex SGT Babu Lal Yadav | Central Retinal Vein Occlusion (Left Eye) | 33 | Onset of disability on Oct 2012 at peace station Sirsa. It is associated with hypertension & hyper-viscosity syndrome in leukaemia and polycythaemia vera. The vision of right eye have improved. No stress and strain of service. Hence, NANA as per para 24( d) (ii) GMO 2008. |
| 2. | W.P.(C) 804/2025 | Ex MWO HFO Kailash Chand 649518 | i. Diabetes Type-II ii.Primary Hypertension | 37 | Onset in peace and served in peace as per Paras 26 and 43 of GMO 2008. Hence, NANA |
| 3. | W.P.(C) 821/2025 | HFO Retd. Hradyesh Kumar Varshney | i . Diabetes Type-II i i.Primary Hypertension iii. Coronary Artery Disease | 37 | Life Style Disease, Onset of disability white in peace. No delay in diagnosis/ treatment of indl. No close time connection with HAA/Cl Ops/Fd area as per Para 26 and 43 of Ch VI of GMO 2008 and charter of duties dt. 22 January 2015. |
| 4. | W.P.(C) 824/2025 | Ex WO Sadananda Rautaray 633050 R | Diabetes Type-II | 36 | Life Style Disease, onset on May 2010 while in peace area. No delay in diagnosis/treatment of individual. No close time connection-HAA/ CIOps /Fd Area as per Para 26 of Ch VI of GMO 2008. |
| 5. | W.P.(C) 990/2025 | Ex SGT Mukesh Kumar Pandey | Primary Hypertension | 20 | Onset of disease in peace area at New Delhi. No• history of infection, service-related trauma/close time association with stress of Fd/HAA/ ClOps service. Hence NANA as per para 43 of GMO 2008. |
| 6. | W.P.(C) 1019/2025 | Ex MWO Vijender Singh Teotia | Central Serous Chorioretinopathy Right Eye | 38 | Disease-progressed without any link to service conditions/ stress and no evidence of delay or adverse factors, is deemed NANA as per para 24(d)(i) of GMO 2008. |
| 7. | W.P.(C) 1031/2025 | HFL Narayanasa my Nammalwar (Retd.) | Primary Hypertension | 37 | An idiopathic and lifestyle disease onset in peace station and |
The judgment affirms that disability pensions are not granted for conditions deemed lifestyle diseases without service connections.
The Tribunal's decision to grant lifelong disability pension for Essential Hypertension is upheld, emphasizing chronic nature of the condition and entitlement based on regulations from 01.01.1996.
The presumption of sound health upon military service entry and the employer's burden of proof regarding disability attribution are critical in determining entitlement to disability pension.
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