Union Of India And Ors vs 696631 Ex Jwo Rakesh Kumar Gupta
2025 Latest Caselaw 6582 Del

Delhi High Court

Union Of India And Ors vs 696631 Ex Jwo Rakesh Kumar Gupta on 22 December, 2025

Author: C. Hari Shankar

Bench: C. Hari Shankar

                  $~64
                  *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +    W.P.(C) 19485/2025

                            UNION OF INDIA AND ORS                  .....Petitioners
                                          Through: Mr. Sushil Kumar Pandey, SPC
                                              versus
                            696631 EX JWO RAKESH KUMAR
                            GUPTA                                .....Respondent
                                           Through: Mr. Durgesh Kumar Sharma,
                                           Advocate
                            CORAM:
                            HON'BLE MR. JUSTICE C. HARI SHANKAR
                            HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

                                             JUDGMENT (ORAL)

                  %                             22.12.2025
                  C. HARI SHANKAR, J.

1. This writ petition assails an order dated 8 October 2024 passed by the Armed Forces Tribunal1 in OA 3830/2023 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 recruited.

3. The reasoning given by the Release Medical Board for holding that the respondent's Primary Hypertension was not attributable to or

W.P.(C) 19485/2025

KUMAR Signing Date:23.12.2025 18:29:10 aggravated by service read thus:

"Primary Hypertension (Old) 1-10, Z 09, 0 - As per Para 43 of Chapter VI of GMO (Military Pension)-2008(onset in peace, no delay in diagnosis/ treatment. No close time association with CI OPS/HAA/Field Areas."

4. In 220 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.

8. The writ petition is accordingly dismissed.

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

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

DECEMBER 22, 2025/yg 1 "AFT", hereinafter 2 2025 SCC OnLine Del 8442 3 2025 SCC OnLine Del 3956 4 318 (2025) DLT 711

W.P.(C) 19485/2025

KUMAR Signing Date:23.12.2025 18:29:10