Union Of India & Ors vs Ex Mwo Umesh Chandra Mishra 649297
2025 Latest Caselaw 6635 Del

Delhi High Court

Union Of India & Ors vs Ex Mwo Umesh Chandra Mishra 649297 on 24 December, 2025

Author: C. Hari Shankar

Bench: C. Hari Shankar

                  $~24

                  *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +         W.P.(C) 19776/2025, CM APPL. 82603/2025 and CM APPL.
                            82604/2025

                            UNION OF INDIA & ORS.                      .....Petitioners
                                          Through: Mr. Raj Kumar, CGSPC with
                                          Mr. Manish Kumar Singh and Mr.
                                          Mritunjay, DAV Legal Cell Air Force,

                                              versus

                            EX MWO UMESH CHANDRA MISHRA 649297
                                                                   .....Respondent
                                        Through: Mr. Baljeet Singh, Ms. Deepika
                                        Sheoran and Mr. Abhishek Gahlyan, Advs.

                            CORAM:
                            HON'BLE MR. JUSTICE C. HARI SHANKAR
                            HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

                                              JUDGMENT (ORAL)

                  %                              24.12.2025

                  C. HARI SHANKAR, J.

1. This writ petition assails an order dated 28 August 2023 passed by the Armed Forces Tribunal1 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 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. Mr. Raj Kumar, learned CGSPC for the Union of India fairly

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

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.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

DECEMBER 24, 2025/yg