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IN THE HIGH COURT OF DELHI AT NEW DELHI
V.KAMESWAR RAO, MANMEET PRITAM SINGH ARORA
Union of India – Appellant
Versus
Ex Sub Bijendra Singh Sirohi – Respondent
| Table of Content |
|---|
| 1. tribunal's ruling on disability pension (Para 3) |
| 2. arguments against tribunal's decision (Para 4 , 5) |
| 3. justification for tribunal's ruling (Para 6 , 7) |
| 4. dismissal of petition (Para 8) |
JUDGMENT :
V. KAMESWAR RAO, J.
CM APPL. 80718/2025 (for exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
W.P. (C) 19340/2025, CM APPL. 80717/2025
3. This writ petition has been filed challenging the order dated 08.02.2024 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (“Tribunal”) in Original Application No. 575/2016 (‘OA’ for short) wherein the Tribunal has allowed the OA filed by the respondent herein by stating in paragraphs 10 and 11 as under:-
“10. In view of the aforesaid judicial pronouncements and the parameters referred to above, the applicant is entitled for disability element of pension in respect of disability ‘Essential Hypertension'. Accordingly, we allow this application holding that the applicant is entitled to disability element of pension @ 20% rounded off to 50% for life with effect from the date of his discharge in terms of the judicial pronouncement of the Hon'ble Supreme Court in the case of Union of India vs. Ra
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.
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