$~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 terms of the verdict of the Hon'ble Supreme Court in Union of India vs Ram Avtar decided on 10.12.2014 in Civil Appeal no. 418 of 2012 with effect from the date of his discharge, and the respondents are directed to issue the corrigendum PPO with directions to the respondents to pay the arrears within a period of three months from the date of receipt of a copy of this order, failing which, the respondents would be liable to pay interest @6% p.a. on the arrears due from the date of this order, the arrears of disability pension shall commence to be payable from a period of three years prior to the institution of the OA, instituted on 10.09.2018.

15. Learned counsel for the respondents makes an oral prayer for grant of leave to appeal in terms of Section 31 (1) of the Armed Forces Tribunal Act, 2007 to assail the aforesaid order before the Hon'ble Supreme Court. In our considered view, there appears to be no point of law much less any point of law of general public importance involved in the order to grant leave to appeal. Therefore, the prayer for grant of leave to appeal stands declined.”

4. Mr Nishant Gautam, learned CGSC appearing for the petitioners states by referring to the opinion of the Release Medical Board (RMB) that the disability of Primary Hypertension is neither attributable nor aggravated by military service. The opinion of the RMB is reproduced as under:-

5. According to him, the RMB having given its conclusion, the Tribunal without adverting to the medical report of the respondent, has by relying upon the decision of the Supreme Court in Dharamvir Singh v. Union of India & Ors, (2013) 7 SCC 316, has allowed the OA in favour of the respondent. He submits that the Tribunal has not considered the fact that under the Entitlement Rules for Casualty Pensionary awards to the Armed Forces Personnel, 2008 (Entitlement Rules of 2008), the principle of attributable to or aggravated by military service has been done away with.

6. Having noted the submissions made by Mr. Gautam, it may be stated that this Court in the case of Union of India & Ors. v. 1481129 P Ex Hav Ram Kumar, 2026:DHC:197-DB in paragraphs 9, 10 & 13, has held as under:-

“9. In W.P.(C) 88/2026 titled Union of India v. 781466 Ex. SGT Krishna Kumar Dwivedi, decided by this Bench on 06.01.2026, our attention was drawn to the authoritative judgments of the coordinate Benches of this Court passed in W.P.(C) 3545/2025 titled Union of India v. Ex. Sub Gawas Anil Madso, 2025: DHC: 2021-DB and W.P.(C) 140/2024 titled Union of India vs. Col. Balbir Singh (Retd.) and other connected matters, 2025: DHC: 5082-DB, which have conclusively held that even under 2008 Entitlement Rules, an officer who suffers from a disease at the time of his release and applies for disability pension within 15 years fr