Union of India & Ors. v. Cdr Pyare Lal (Retd)
Case brief
What is this about?
Delhi HC, 08.04.2025, W.P.(C) 16351/2024 (Navin Chawla & Shalinder Kaur, JJ.): Union of India & Ors.'s challenge to Armed Forces Tribunal (Principal Bench) Order dated 18.04.2024 in OA No. 502/2023 granting CDR Pyare Lal (Retd) disability element of pension for Primary Hypertension @ 30% rounded to 50% for life is dismissed with costs Rs.15,000/-. Key points: RMB report 30.10.2013 (non-attribution due to peace-area onset) cannot override unchallenged Initial/Categorization Medical Board opinion 13.11.2006 (aggravation by 'stress and strain of service') that stood for 7 years; Tribunal rightly set aside RMB opinion; no remand despite absence of Tribunal's reasons; pending CM APPL. 69013/2024 infructuous. Keywords: disability pension, primary hypertension, lifestyle disability, peace area, RMB, PPO, AFT.
What did the court decide?
No relief to petitioners: writ petition dismissed with costs of Rs.15,000/- payable by the petitioners to the respondent; the pending application (CM APPL. 69013/2024) disposed of as having been rendered infructuous. The Tribunal-awarded disability pension directions stand undisturbed by this Court.