Dismissed¶35

Union of India v. Ex Sub Ashok Kumar

Delhi HC12 Dec 2025W.P.(C)/3261/2025

Case brief

AI extract

What is this about?

Disability pension; Armed Forces Tribunal; Union of India; Ex Sub Ashok Kumar; CAD-SVD PTCA TO LAD; coronary artery disease; Release Medical Board (RMB); attributable to or aggravated by military service; onset March 2015; Field/CI ops/HAA; Guide to Medical Officer (Military Pensions) Para 47 Chapter VI; 14 days charter of duties; UOI v. EX JWO Dharmendra Prasad 2025 SCC OnLine Del 2549; UOI v. EX JWO SK Srivastava 2025 SCC OnLine Del 4909; writ petition dismissed; compliance within 12 weeks; CM APPL. 15316/2025 exemption allowed.

What did the court decide?

No relief to the petitioner; the Armed Forces Tribunal order granting disability pension to the respondent stands, with compliance to that order to be ensured within 12 weeks. ¶35

Union of India Vs Ex Sub Ashok Kumar — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the petitioner; the Armed Forces Tribunal order granting disability pension to the respondent stands, with compliance to that order to be ensured within 12 weeks.

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Issue for consideration

Whether the Armed Forces Tribunal's order granting disability pension to the respondent (Ex Sub Ashok Kumar) should stand despite the Union of India's challenge to it. +1 more

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Court's answer

In cases involving identical RMB recommendations where the ex-serviceman was found suffering from CAD, this Court has upheld the Armed Forces Tribunal's order and dismissed the Union of India's petition (inter alia in UOI v. EX JWO Dharmendra Prasad and UOI v. EX JWO SK Srivastava), and to the Court's knowledge none of those orders has been reversed or interdicted by the Supreme Court.

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Ratio / Principle

Following the said prior decisions of this Court, the writ petition of the Union of India is dismissed.

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Detailed headnote1 paragraphs

The High Court of Delhi (Coram: C. Hari Shankar and Om Prakash Shukla, JJ.; judgment under the name of C. Hari Shankar, J.) dismissed W.P.(C) 3261/2025 by which the Union of India challenged an Armed Forces Tribunal order granting disability pension to Ex Sub Ashok Kumar for CAD-SVD PTCA TO LAD. The Release Medical Board had recorded onset of the illness in March 2015, found no close time relation with Field/CI ops/HAA, and conceded the disability to be neither attributable to nor aggravated by military service (citing Para 47, Chapter VI of the Guide to Medical Officer (Military Pensions) and the 14 days charter of duties), while acknowledging that the ailment was absent at entry into service. Observing that in cases involving identical RMB recommendations for CAD this Court had already upheld the Tribunal's orders and dismissed the Union's petitions — in UOI v. EX JWO Dharmendra Prasad (2025 SCC OnLine Del 2549) and UOI v. EX JWO SK Srivastava (2025 SCC OnLine Del 4909) — and that none of those orders had, to the Court's knowledge, been reversed or interdicted by the Supreme Court, the Court followed those decisions, dismissed the instant writ petition, and directed that compliance with the Tribunal's order be ensured within 12 weeks.

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$~19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 3261/2025

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UNION OF INDIA .....Petitioner

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Through: Mr. Neeraj Dubey, SPC, Mr. Shubham Kumar, Adv. Major Murlidhar Army.

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versus

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EX SUB ASHOK KUMAR .....Respondent Through:

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CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL)

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% 12.12.2025

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C.HARI SHANKAR, J.

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CM APPL. 15316/2025

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1. Exemption allowed, subject to all just exceptions.

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2. The application stands disposed of.

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W.P.(C) 3261/2025

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3. This is a petition where Union of India has challenged an order passed by the Armed Forces Tribunal, whereby disability pension has

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W.P.(C) 3261/2025

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Page 1 of 3

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Signature Not Verified

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Signed By:GUNN Signing Date:16.12.2025 18:02:14

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been granted to the respondent.

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4. The reasoning of the Release Medical Board¹ on the basis of which the respondent was disqualified for CAD-SVD PTCA TO LAD² is as follows:-

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“Onset of ID was in Mar 2015. There is no close time relation with Field/ CI ops/HAA. Hence conceded neither attributable nor aggravated by mil service. Ref Para 47, chapter VI of Guide to Medical Officer (Military Pensions) & 14 days charter of duties.”

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5. It is also acknowledged in the RMB that at the time of his entry into the service, the aforesaid ailment was not present.

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6. In cases involving identical recommendations of the RMB, where the respondent was found suffering from CAD, this Court has, inter alia in UOI v. EX JWO Dharmendra Prasad³ and UOI v. EX JWO SK Srivastava⁴ , upheld the order of the Armed Forces Tribunal and dismissed the petition of the Union of India.

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7. To our knowledge, none of the said orders have been reversed or interdicted by the Supreme Court in any matter.

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8. Accordingly, following the said decisions, this writ petition is

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