SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Del) 552

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

Advocates:
Advocate Appeared:
For the Appellant : Mr. N.K. Aggarwal, Sr. PC with Ms. Sanjana Antil, Adv. for UOI with Sgt Manish Kumar Singh and Sgt Mritunjay (Air Force Legal Cell), Mr. Jagdish Chandra, CGSC with Mr. Sujeet Kumar Choudhary, Advs. with Sgt Manish Kumar Singh and Sgt Mritunjay Air Force (Legal Cell), Ms. Radhika Bishwajit Dubey, CGSC with Ms. Gurleen Kaur Waraich, Mr. Kritarth Upadhyay, Mr. Vivek Sharma, Ms. Khushi and Mr. Saksham Sharma, Advs. with Sgt Manish Kumar Singh and Sgt Mritunjay Air Force (Legal Cell), Mr. Piyush Gupta CGSC with Mr. Atishay Jain, Mr. Abhay Thukral, Ms. Sakshi Chhabra and Ms. Vasudha Kumar, Advs.
For the Respondent: Mr. Praveen Kumar, Mr. Ajit Kakkar and Mr. Aman Kumar, Advs. Ms. Deepika Sheoran and Mr. Baljeet Singh, Advs.

The judgment affirms that disability pensions are not granted for conditions deemed lifestyle diseases without service connections.

Headnote:The judgment concerns the entitlement of the respondents to disability pension, challenged by the Union of India. The evaluating courts upheld previous rulings that established the respondents' pensions based on established lifestyle diseases. The court reiterated that existing precedents govern the decision, dismissing all writ petitions. The order mandates implementation of Tribunal decisions within a specific timeframe.

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 RespondentDisabilityYears of serviceReasoning given by the RMB
1.W.P.(C) 13731/2024Ex SGT Babu Lal YadavCentral Retinal Vein Occlusion (Left Eye)33Onset 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) 804/2025Ex MWO HFO Kailash Chand 649518

i. Diabetes Type-II

ii.Primary Hypertension

37Onset in peace and served in peace as per Paras 26 and 43 of GMO 2008. Hence, NANA
3.W.P.(C) 821/2025HFO Retd. Hradyesh Kumar Varshney

i . Diabetes Type-II

i i.Primary Hypertension

iii. Coronary Artery Disease

37Life 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) 824/2025Ex WO Sadananda Rautaray 633050 R

Diabetes Type-II

36Life 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) 990/2025Ex SGT Mukesh Kumar Pandey

Primary Hypertension

20Onset 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) 1019/2025Ex MWO Vijender Singh Teotia

Central Serous Chorioretinopathy Right Eye

38Disease-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) 1031/2025HFL Narayanasa my Nammalwar (Retd.)

Primary Hypertension

37An idiopathic and lifestyle disease onset in peace station and

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top