Dismissed¶22

Union of India & Ors. v. Ex Hav Pankaj Kumar Kaushik (14620307-A)

Delhi HC12 Dec 2025W.P.(C)/18852/2025

Case brief

AI extract

What is this about?

Delhi High Court dismissed Union of India's W.P.(C) 18852/2025 challenging the AFT's grant of disability pension to Ex Hav Pankaj Kumar Kaushik (14620307-A); Release Medical Board reasoning of mere 'onset in peace' (GMO 2008, para 43, ch VI) treated as insufficient in light of the Court's prior decisions in Manoj K L Retd, Rajveender Singh Mallhi and Koutharapu Srinivasa; immunity surveillance 40%, primary hypertension 30%, composite 58%; compliance with AFT orders directed within twelve weeks.

What did the court decide?

Writ petition dismissed; AFT orders upholding the respondent's disability pension stand, with compliance to be ensured within twelve weeks from today. ¶22

Union of India & Ors. Vs Ex Hav Pankaj Kumar Kaushik (14620307-A) — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition dismissed; AFT orders upholding the respondent's disability pension stand, with compliance to be ensured within twelve weeks from today.

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Issue for consideration

Whether the Union of India's writ petition succeeds in overturning the AFT's grant of disability pension to the respondent, whose ailments the Release Medical Board had treated as neither attributable to, nor aggravated by, his military service.

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Court's answer

In similar cases this Court has already granted disability pension and upheld AFT orders, and none of the cited decisions (Manoj K L Retd; Rajveender Singh Mallhi; Koutharapu Srinivasa) is shown to have been disturbed or stayed in appeal; following the said decisions, this writ petition is dismissed.

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Ratio / Principle

Compliance with the orders passed by the AFT is to be ensured within twelve weeks from today.

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Detailed headnote1 paragraphs

High Court of Delhi, W.P.(C) 18852/2025 and CM APPL. 78461/2025 (bench: C. Hari Shankar and Om Prakash Shukla, JJ.; oral judgment dated 12.12.2025): The Union of India challenged the AFT order dated 23 November 2023 granting disability pension to Ex Hav Pankaj Kumar Kaushik (14620307-A), who, after over 15 years' service, was released with Immune Surveillance (40%), Primary Hypertension (30%) and composite disability of 58% for life. The Release Medical Board had treated the ailments as neither attributable to, nor aggravated by, military service, its sole reasoning being 'Due to onset in peace Ref para 43 of ch vi of GMO 2008 (MP)'. Noting that in similar cases the Court had already granted disability pension and upheld AFT orders - Union of India v. Ex. SGT Manoj K L Retd (2025 SCC OnLine Del 8442), Union of India v. Rajveender Singh Mallhi (2025 SCC OnLine Del 3956) and Union of India v. Koutharapu Srinivasa (2025 SCC OnLine Del 4292), none disturbed or stayed in appeal - the Court dismissed the writ petition and directed that compliance with the AFT orders be ensured within twelve weeks.

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$~9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 18852/2025 and CM APPL. 78461/2025

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UNION OF INDIA & ORS. .....Petitioners

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Through: Mr. Satya Ranjan Swain, CGSC

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versus

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EX HAV PANKAJ KUMAR KAUSHIK (14620307-A) .....Respondent Through: Mr. V S Kadian and Mr. Sukhbir Singh, Advocate

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CORAM:

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

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JUDGMENT (ORAL)

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% 12.12.2025

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C. HARI SHANKAR, J.

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1. This appeal is directed against order dated 23 November 2023 passed by the learned Armed Forces Tribunal¹ to the extent it allows disability pension to the respondent.

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2. After having served with the petitioners for over 15 years, the respondent was found to have suffering from Immune Surveillance to the extent of 40% and Primary Hypertension to the extent of 30% with a composite disability to the extent of 58%, for life.

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3. The respondent was released from military service on the aforesaid grounds. He claimed disability pension, which stands

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1 “AFT”, hereinafter Signature Not Verified Digitally Signed By:AJITW.P.(C) 18852/2025 KUMAR Signing Da te:1 6.12.2025 17:10:49

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allowed by the Tribunal, against which order the Union of India has preferred the present writ petition.

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4. The only reasoning of the Release Medical Board, which considered the case of the respondent, for treating his ailment as neither attributable to, nor aggravated by, his military service, reads thus:

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“Due to onset in peace Ref para 43 of ch vi of GMO 2008 (MP) NANA”

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5. In similar cases, this Court has already granted disability pension and upheld the order of the AFT. We may cite, in this context, Union of India v. Ex. SGT Manoj K L Retd² , Union of India v. Rajveender Singh Mallhi³ and Union of India v. Koutharapu Srinivasa⁴ . None of these decisions are shown to have been disturbed, or even stayed, in appeal.

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6. Following the said decisions, this writ petition is dismissed.

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7. Let compliance with the orders passed by the AFT be ensured within twelve weeks from today.

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C. HARI SHANKAR, J.

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OM PRAKASH SHUKLA, J.

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DECEMBER 12, 2025/ yg

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