* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 29.01.2026 Judgment delivered on: 20.04.2026 Judgment uploaded on: As per Digital Signature~

+ W.P.(C) 1246/2026 UNION OF INDIA & ANR. .....Petitioners versus CAPT J K VERMA RETD .....Respondent Advocates who appeared in this case For the Petitioner : Mr. Shoumendu Mukherji, Senior Panel Counsel, UOI with Mr. Aniruddha Ghosh, Ms. Surabhi Tuli, Advs., Major Anish Muralidhar (Army)

For the Respondent : Mr. VS Kadian and Mr. Sukhbir Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

JUDGMENT

V. KAMESWAR RAO, J.

CM APPL. 6193/2026

1. For the reasons stated in the application, the same is allowed. The documents annexed as Annexure P3 to P9 are taken on record.

2. The application is disposed of.

W.P.(C) 1246/2026, CM APPL. 6192/2026

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

“(i) Admit and allow the present writ petition and set aside the Impugned Orders dated 13.07.2023 and 14.11.2024 passed by the Hon’ble Armed Forces Tribunal, Principal Bench, New Delhi, In O.A No. 1692/2019 titled as ‘Capt. JK Verma (Retd) Vs. Union Of India & Ors.’ to the extent of disability pension that was sanctioned upto 22.02.1998 and/or.”

4. The petitioners herein, have filed the present writ petition assailing the orders dated 13.07.2023 and 14.11.2024 (impugned orders), in O.A. No.1692/2019 and R.A. No. 63/2023 respectively, titled ‘Capt J K Verma (Retd) v. Union of India and Ors.’ passed by the Armed Forces Tribunal (“Tribunal/AFT”), whereby the Tribunal has assessed the disability of the petitioner @20% and broad banded the same to 50% for life and granted the disability element of the pension, with effect from the date of discharge of the petitioner. Via order dated 14.11.2024 in R.A. No. 62/2023, the AFT modified the order dated 13.07.2023 to the extent that the disability pension shall consist of service element and disability element both.

FACTUAL BACKGROUND

5. The facts as borne out from the petition are that SS-27055N Ex Capt Jagdish Kumar Verma (Retd), the respondent herein, served in the Indian Air Force from 13.06.1967 to 06.07.1973, for a period of 06 years and 10 months. Thereafter, on 12.05.1974, he was commissioned in the Army (SSC) and invalided out of service on 12.05.1979 in low medical category S1H1A1P5E1, due to the disability “Pulmonary Tuberculosis” and was granted disability pension @100% for 4 years, from 13.05.1979 to 05.06.1983 and thereafter, @60% from 06.06.1983 to 05.06.1985 vide PCDA (P) Allahabad letter No. G1/M/44052 dated 23.04.1983 and letter dated 26.07.1983.

6. A Re-survey Medical Board (RSMB) was conducted on 14.05.1985 which reassessed the disability of the respondent @60% for 02 years. Thereafter, another RSMB was conducted on 28.02.1987, which reassessed the disability @ 50% for 02 years, with CDA(P) granting disability pension @20% for 02 years. The RSMB was again conducted on 10.05.1989, which assessed the degree of disablement @50% for 2 years. Again, on 23.02.1993, the disability was assessed @ 20% for 5 years, from 10.05.1991 to 22.02.1998 vide PCDA (P) Allahabad PPO dated 16.07.1993.

7. Finally, on 02.02.1998, the Appellate Medical Authority assessed the disability element @11-14% for 10 years, thereby discontinuing the disability pension as it fell below the 20% threshold for meeting the criteria of being granted disability pension.

SUBMISSIONS BY THE PARTIES

8. Mr. Shoumendu Mukherji, learned Senior Panel Counsel for the petitioners stated that the respondent preferred an appeal against the discontinuation of the disability pension, on 26.04.2000, which was adjudicated and rejected by the Competent Authority vide Government of India, Ministry of Defence letter No. 7(1518)/99/D(Pen-A & AC) dated 31.10.2000, stating that the disability pension was sanctioned to the respondent upto 22.02.1998. Upon the perusal of the medical record and service documents, the Appellate Medical Authority found t