$~138 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 22.01.2026 + W.P.(C) 940/2026 CM APPL. 4604/2026 CM APPL. 4605/2026 UNION OF INDIA & ORS. .....Petitioners Through: Ms. Ritu Reniwal, Sr. Panel Counsel versus

89760 Z CDR NS DHAMI .....Respondent Through: None CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL)

CM APPL. 4604/2026 (for exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

W.P.(C) 940/2026

3. This petition lays a challenge to an order dated 03.08.2023 passed by the learned Armed Forces Tribunal, Principal Bench, New Delhi in O.A. 1025/2019. The Tribunal has allowed the O.A. filed by the respondent by stating in paragraphs 7 and 8 as under:

“7. In view of the aforesaid judicial pronouncements and the parameters referred to above, the applicant is entitled for disability element of pension in respect of disability Primary Hypertension'. Accordingly, we allow this application holding that the applicant is entitled to disability element of pension @ 30% rounded off to 50% for life with effect from the date of his discharge in terms of the judicial pronouncement of t