$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 14.01.2026 + W.P.(C) 479/2026 UNION OF INDIA AND ORS. .....Petitioners Through: Ms. Gauri Goburdhun, SPC and Major Anish Muralidhar in person.

versus EX-SUB SHAILENDRA SINGH RAWAT .....Respondent Through: Mr. Devendra Kumar, Advocate.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL CM APPL. 2353/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 479/2026 & CM APPL. 2354/2026(Stay

3. This petition lays a challenge to the order dated 05.10.2023 (impugned order) passed by the Armed Forces Tribunal, Principal Bench, New Delhi („Tribunal‟), in Original Application No. 3058/2022. („OA‟ for short).

4. This petition has been filed with the following prayers:-

“a. Stay the operation of the Order dated 05.10.2023 passed by the Ld. Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No.3058 of 2022 titled “Ex- Sub Shailendra Singh Rawat Versus Union of India and Ors.”;

b. Issue a Writ or direction in the nature of Certiorari, setting aside the Order dated 05.10.2023 passed by the Ld. Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No.3058 of 2022 titled “Ex- Sub Shailendra Singh Rawat Versus Union of India and Ors.”; and / or c. Pass other and further order(s) this Hon‟ble Court may deem fit and proper in the interest of justice.”

5. The facts as noted from the petition are that the respondent enrolled in the Army on 07.07.1987. During his service on 09.05.2010 to 01.11.2010, the respondent was downgraded to Low Medical Category (Temporary) S1H1A1P3E1. Thereafter, from 01.11.2010-17.04.20211, he was downgraded to Low Medical Category (Temporary) S1H1A1P3E1 for Primary Hypertension and Dyslipidaemia. He was downgraded to Low Medical Category (Permanent) S1H1A1P3E1 for two years w.e.f., 01.11.2011-01.11.2013 for the disability of Primary Hypertension.

6. On 30.11.2014, the Release Medical Board („RMB‟, for short) opined that the respondent‟s disability as neither attributable to nor aggravated by military service and not connected with military service and assessed as NIL for life for pension and granted service pension vide PCDA (P) Allahabad PPO No. 2/18439/2015. He was discharged from service on 31.07.2015 in terms of Army Rule 13(3) I (i) (a) on completion of terms of engagement of service. At the time of discharge, he was placed in low medical category S1H1A1P2 (Permanent) for the disease of Primary Hypertension.

7. The respondent approached the Competent Authority against the said order. The said authority held that the respondent is not eligible for the disability element of pension. Accordingly, the decision of Competent Authority was communicated vide letter No. JC- 570369/DP on 01.08.2015, with an option to prefer an appeal to the Appellate Committee within 6 months. The respondent appealed regarding rejection of disability pension.

8. On 28.06.2016, the Competent Authority held that, Primary Hypertension is a lifestyle disorder with a strong genetic predisposition, hence not attributable to service. It is stated that the onset of the same was in peace area and individual continued to serve in peace area till his release from service. Thus, it is stated that the respondent‟s disability is neither attributable to nor aggravated by military service and he is not entitled to the disability pension. The respondent was further advised to prefer a Second Appeal, if not, satisfied with the authority‟s holding. The respondent filed the second appeal.

9. On 07.03.2017, the Second Appellate Committee on Pension (SACP) examined the appeal and held that Primary Hypertension is neither attributable to not aggravated by military service on the following grounds: -

'The individual was detected to be hypertensive during periodic medical examination in April 2010 while serving at Bikaner (Peace). He was managed with anti-hyp