CourtKutchehry.com
High CourtsDivision Bench(2025) 12 DEL CK 1889

Union Of India & Ors. vs Ex Mwo Umesh Chandra Mishra 649297

Delhi High Court · Decided on 24 December 2025

HON’BLE JUDGES
C. Hari Shankar, J · Om Prakash Shukla, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 19776 Of 2025, Civil Miscellaneous Application No. 82603, 82604 Of 2025
Download PDFAsk AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

16 paragraphs · 353 words

C. Hari Shankar, J

1.

This writ petition assails an order dated 28 August 2023 passed by the Armed Forces Tribunal “AFT” in OA 971/2019 whereby the respondent’s prayer for disability pension has been allowed.

2.

Disability pension was sought on the ground that the respondent suffered from Primary Hypertension which was found to be 30% for life rounded off to 50%. The onset of the Primary Hypertension was 41 years  after  the  respondent  joined  the  service.  No  Primary Hypertension was noted at the time when the respondent was recruited.

3.

The reasoning given by the Release Medical Board for holding that the respondent’s Primary Hypertension was not attributable to or aggravated by service read thus:

“Primary Hypertension (OLD) I-10, Z-09.0 - (a) The disability is a lifestyle disorder and not due to any infection.

(b) Onset in Peace Area (New Delhi) on Dec 2009. No close time association with field services 1 year prior to onset of disease.

(c) No delay in diagnosis / Treatment

(d) No close time associated with stress and strain of military services like field area / HAA/CI Ops.

(e) Hence, NANA in terms of Para 43 of GMO (Mil Pen) 2008. (Amended)”

4.

In around 223 similar cases, in which the reasoning of the RMB is substantially the same, including Union of India v. Ex. SGT Manoj

K L Retd 2025 SCC OnLine Del 8442 and Union of India v. Rajveender Singh Mallhi 2025 SCC OnLine Del 3956 as well as Union of India v. Ex Sub Gawas Anil Madso 318 (2025) DLT 711 , we have upheld the order of the AFT and dismissed the writ petition.

5.

Those decisions apply, mutatis mutandis, to the present case.

6.

We have not been informed that any of these decisions has been stayed or interfered with by the Supreme Court.

7.

Mr. Raj Kumar, learned CGSPC for the Union of India fairly acknowledges that this dispute is entirely covered by the aforesaid decisions.

8.

The writ petition is accordingly dismissed in limine.

9.

Compliance with the order of the AFT be positively ensured within twelve weeks from today.