$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09.12.2024 + W.P.(C) 17001/2024 & CM APPL. 72080/2024 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Kamal Kant Jha, SPC with Mr. Avinash Singh, Adv.

Major Anish Muralidhar, Army.

versus LT. COL. MANVIR SHARMA RETD. .....Respondent Through: Mr. O.S. Punia, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA NAVIN CHAWLA, J. (ORAL)

CM APPL. 72081/2024 (Exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 17001/2024 & CM APPL. 72080/2024

2. This petition has been filed challenging the Order dated 11.09.2023 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (in short, ‘Tribunal’) in Original Application (in short, ‘OA’) 865/2021 titled Lt Col Manvir Sharma vs. Union of India & Ors. whereby the learned Tribunal allowed the OA filed by the respondent herein with the following directions:

“25. The applicant is thus entitled to the grant of the disability element of pension for all the Signature Not Verified Digitally Signed W.P.(C) 17001/2024 Page 1 of 9 three disabilities assessed compositely @ 64% for life which in terms of the verdict of the Hon‟ble Supreme Court in Union of India & Ors. vs. Ram Avtar in Civil Appeal No. 418/2012 dated 10.12.2014 is rounded off to

75% for life from the date of discharge.

26. The respondents are thus directed to calculate, sanction and issue the necessary PPO to the applicant within a period of three months from the date of receipt of copy of this order and the amount of arrears shall be paid by the respondents, failing which the applicant will be entitled for interest @6% p.a. from the date of receipt of copy of the order by the respondents.”

3. The respondent was enrolled in the Army Postal Service on 03.01.1987, and was commissioned in service on 05.07.2003. It was the case of the respondent that in December, 2006, he was diagnosed with Recurrent Acute Pancreatitis and was placed in a low medical category S1H1A1P3(T-12)E1. He was later upgraded to Shape-1A category on 02.10.2007. Thereafter, while being posted at Dinjan, he was diagnosed as suffering from Recurrent Acute Pancreatitis, Hypertriglyceridemia, and Diabetes Mellitus, and was again placed in a low medical category P-3(T-24), in January, 2009. He was later found to be suffering from Diabetes Mellitus Type-II on 25.09.2012 and with primary hypertension in January, 2013, while being posted at Udhampur (J&K), which is a field area. His repeated medical boards opined that the disability suffered by him was aggravated by service. In fact, in the Medical Board proceedings dated 04.10.2012, it was further categorically opined that the Recurrent Acute Pancreatitis suffered by the respondent was due to an infection contracted in service. In spite of these repeated medical board proceedings, the Signature Not Verified Digitally Signed W.P.(C) 17001/2024 Page 2 of 9 Release Medical Board, in its report dated 22.11.2019, opined that while the disabilities of Diabetes Mellitus and Primary Hypertension are aggravated by service, the disability of Recurrent Acute Pancreatitis is not. The case of the respondent was thereafter processed by the petitioners themselves for release of the disability pension to the respondent for Diabetes Mellitus and Primary Hypertension, aggregating to 44% for life. It appears that there were some jurisdictional issues between the Principal Controller of Defence Accounts (in short, ‘PCDA’) (Pensions) and the Army Headquarters in the Adjutant General’s Branch, because of which the disability pension of the respondent even to this limited extent was not released. Aggrieved thereby, the respondent approached the learned Tribunal inter alia not only seeking the release of disability pension for Diabetes Mellitus and Primary Hypertension but also for Recurrent Acute Pancreatitis, which he claimed was aggravated due to military service.

4. As noted hereinabove, the learned Tribunal has allowed the OA filed by the respo