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2026 Supreme(Online)(Del) 173

IN THE HIGH COURT OF DELHI AT NEW DELHI
UNION OF INDIA & ORS. – Appellant
Versus
1481129 P EX HAV RAM KUMAR – Respondent


Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  • The petitioner challenged the order granting the respondent the disability element of pension for Primary Hypertension, assessed at 30% rounded to 50% for life, after the respondent was discharged from military service due to this condition (!) (!) .

  • The respondent was enrolled into the military and diagnosed with Primary Hypertension during service, with the medical board indicating the disability was of unknown etiology and not attributable or aggravated by military service (!) .

  • The tribunal allowed the respondent’s claim for disability pension, relying on principles that favor the presumption of disability being linked to service, especially when the disease manifests during service and there is no specific causative reason identified by the medical board (!) (!) .

  • The petitioner argued that the case should be considered under the latest entitlement rules, which require specific reasons and evidence to establish causality or aggravation, and that a blanket presumption is no longer applicable (!) .

  • The court noted that the medical opinion lacked cogent reasons for denying attribution to military service, which is necessary for denying disability pension benefits (!) (!) .

  • The recent legal principles emphasize that in the absence of reasons explaining why a disease was not attributable to service, the presumption favors attribution to military service, especially when the disease arises during active duty and no other cause is identified (!) (!) .

  • The court highlighted the importance of clear, reasoned medical opinions from the Medical Board to justify denial of disability benefits, and that vague or stereotyped reasoning is insufficient (!) (!) .

  • Based on the comprehensive review, the court dismissed the petitioner’s challenge, affirming that the respondent is entitled to the disability pension at the prescribed rate, with arrears and interest, as the medical evidence did not provide adequate reasons to deny attribution (!) (!) .

  • The decision underscores that the burden of proof to establish that a disability is not attributable to or aggravated by military service remains on the military administration, and that the absence of specific reasons in medical reports favors entitlement to benefits (!) (!) .

  • Overall, the ruling affirms the principle that benefits should be granted unless the medical evidence clearly and cogently demonstrates that the disability is not related to military service, emphasizing transparency and reasoned medical judgment in such determinations.


$~38

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision :07.01.2026 + W.P.(C) 130/2026, CM APPL. 647/2026 & CM APPL. 648/2026

UNION OF INDIA & ORS. .....Petitioners

Through: Major Anish Muralidhar (Army)

versus

1481129 P EX HAV RAM KUMAR .....Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

MANMEET PRITAM SINGH ARORA, J. (ORAL

CM APPL. 648/2026

1. Allowed, subject to just exceptions.

2. The application is disposed of.

W.P.(C) 130/2026 and CM APPL. 647/2026

3. This petition under Article 226 of the Constitution of India lays a challenge to the order dated 12.07.2023 (‘impugned order’) passed by the Armed Forces Tribunal, Principal Bench, New Delhi (‘Tribunal’, for short) in O.A. 1040/2019 titled Ex. HAV Ram Kumar v. Union of India and Others, wherein the respondent has been granted the benefit of the disability element of pension at 30% for Primary Hypertension, rounded off to 50%

for life.

4. The facts to be noted are the respondent was enrolled into the Indian

Army on 06.02.19871 and was discharged from the services on 31.03.2008 under Rule 13(3) item III(v) of the Army Rules, 1954 before completion of terms of engagement within

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