Dismissed

Union of India & Ors. v. Lt Col Aa Godbole (Retd.)

Delhi HC4 Dec 2024W.P.(C)/16773/2024

Case brief

AI extract

What is this about?

Union of India challenged an Armed Forces Tribunal order granting a retired officer disability element of pension at 30% rounded off to 50%. Noting the Release Medical Board had recorded the disability was aggravated by military service, the High Court found no reason for denying the pension and dismissed the writ petition without costs.

What the court decided

AI extract

Union of India & Ors. Vs Lt Col Aa Godbole… — Pension and Retirement Benefits | Delhi HC (2024)

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$~88

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 04.12.2024

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- W.P.(C) 16773/2024

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UNION OF INDIA & ORS. .....Petitioners Through: Dr.Vijendra Singh, CGSC

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versus

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LT COL AA GODBOLE (RETD.) .....Respondent Through: Counsel (appearance not given)

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CORAM:

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HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE SHALINDER KAUR

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NAVIN CHAWLA, J. (Oral)

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CM APPL. 70962/2024 (Exemption)

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Allowed, subject to all just exceptions.

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W.P.(C) 16773/2024 & CM APPL. 70961/2024

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This petition has been filed by the petitioner challenging the order dated 21.04.2023 passed by the learned Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No.971/2022, titled Lt. Col. A. A. Godbole (Retd) v. Union of India & Ors ., allowing the said Original Application filed by the respondent herein and holding the respondent to be entitled to disability element of pension @ 30% rounded off to 50% with effect from the date of his

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Signature Not Verified

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W.P.(C) 16773/2024 Page 1 of 3

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Digitally Signed By:SUNIL Signing Da te:1 2.12.2024 19:07:18

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discharge.

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The learned counsel for the petitioner submits that the Impugned Order is a non-speaking order and has based its finding only on the Judgment of the Supreme Court in Dharamair Singh v. Union of India & Ors. (2013) 7 SCC 316, without discussing any facts.

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While we do find merit in the submissions made by the learned counsel for the petitioners, however, at the same time, we must also note that the Release Medical Board, held on 21.09.2015, in its finding had clearly recorded that the disability suffered by the respondent was aggravated by military service. We may reproduce the relevant finding of the Release Medical Board as under:

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In view of the above finding of the Release Medical Board itself, in fact, we fail to understand how the petitioners could have denied the disability pension to the respondent. The learned counsel for the petitioners has not been able to show us the reason why despite the Release Medical Board’s opinion, the respondent was not granted the disability pension.

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Signature Not Verified

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W.P.(C) 16773/2024 Page 2 of 3

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Digitally Signed By:SUNIL Signing Da te:1 2.12.2024 19:07:18

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We, therefore, dismiss the present petition. The pending application is also disposed of.

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There shall be no order as to costs.

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NAVIN CHAWLA, J

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SHALINDER KAUR, J

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DECEMBER 4, 2024/Arya/ VS Click here to check corrigendum, if any

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Signature Not Verified

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Digitally Signed W.P.(C) 16773/2024 Page 3 of 3 By:SUNIL Signing Da te:1 2.12.2024 19:07:18

Union of India & Ors. v. Lt Col Aa Godbole (Retd.)

Case brief

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What the court decided

Union of India & Ors. v. Lt Col Aa Godbole (Retd.)

Case brief

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