Union Of India & Ors vs 693171-Ex Wo Om Prakash Yadav
2025 Latest Caselaw 6426 Del

Delhi High Court

Union Of India & Ors vs 693171-Ex Wo Om Prakash Yadav on 16 December, 2025

Author: C. Hari Shankar

Bench: C. Hari Shankar

                  $~80
                  *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +         W.P.(C) 19044/2025, CM APPL. 79299/2025, CM APPL.
                            79300/2025 & CM APPL. 79301/2025

                            UNION OF INDIA & ORS.                    .....Petitioners
                                          Through: Mr. Vijay Joshi, CGSC, Sgt
                                          Manish Kumar Singh and Sgt Mritunjay, Air
                                          Force

                                               versus

                            693171-EX WO OM PRAKASH YADAV         .....Respondent
                                          Through: Mr. A.K. Chaudhary, Mr.
                                          Baljeet Singh and Ms. Deepika Sheoran,
                                          Advs.
                            CORAM:
                            HON'BLE MR. JUSTICE C. HARI SHANKAR
                            HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
                                         JUDGMENT (ORAL)

                  %                          16.12.2025

                  C. HARI SHANKAR, J.

1. This writ petition assails an order dated 25 October 2024 passed by the Armed Forces Tribunal1 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 37 years after the respondent joined the service. No Primary Hypertension was noted at the time when the respondent was

1 "AFT", hereinafter

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:

"Onset of the disability was in Nov 2016 while the air warrior was serving in HQ WAC, IAF/New Delhi

The disability was detected when he was investigated & evaluated for AME.

There is no delay in diagnosis, no close association with stress and strain of military service.

Hence, the disability is not attributable to, not aggravated by service as per Para 43 of Chapter VI of GMO (Military Pension)- 2008 (amended)."

4. In almost 208 similar cases, in which the reasoning of the RMB is substantially the same, including Union of India v. Ex. SGT Manoj K L Retd2 and Union of India v. Rajveender Singh Mallhi3 as well as Union of India v. Ex Sub Gawas Anil Madso4, 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. This dispute is entirely covered by the aforesaid decisions.

2 2025 SCC OnLine Del 8442 3 2025 SCC OnLine Del 3956 4 318 (2025) DLT 711

8. The writ petition is accordingly dismissed.

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

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

DECEMBER 16, 2025/AR