$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 22.01.2026 + W.P.(C) 18103/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr Nishant Gautam, CGSC and Ms Kavya Shukla Advocate with Major Anish Muralidhar in person.

versus BRIG. SURYA DEO PRASAD .....Respondent Through: Mr S M Dalal, Advocate.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL CM APPL. 74896/2025(Exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 18103/2025 & CM APPL. 74895/2025

3. This petition has been filed by the petitioners challenging the order dated 17.08.2023 (impugned order) passed by the Armed Forces Tribunal, Principal Bench, New Delhi (Tribunal) in Original Application No. 1604/2018 (‘OA’ for short), whereby the Tribunal has allowed the OA filed by the respondent by stating in paragraphs 14 & 15, as under:-

“14. In view thereof the OA 1604/2018 is allowed, and the applicant is held entitled to the grant of the disability element of pension qua the disability of 'Primary Hypertension' assessed @ 40% for life which is directed to be broad banded to 50% for life in