Disposed¶21

Ex Cadet Shubham Bisht v. Union of India & Ors.

Delhi HC14 Jan 2026W.P.(C)/1397/2023

Case brief

AI extract

What is this about?

Disability pension; Ex Cadet; attributable and aggravated by military service; medical board; degree of disablement; rounding off disability 20% to 50%; UOI & Ors. vs. Ram Avtar, Civil Appeal No.418/2012, judgment dated 10.12.2014; arrears with interest @18% p.a.; letter dated 24.12.2019; jurisdiction of High Court vis-a-vis Armed Forces Tribunal; writ petition transferred to AFT; Delhi High Court; W.P.(C) 1397/2023; order dated 14.01.2026.

What did the court decide?

Petition disposed of by transfer to the Armed Forces Tribunal; record to be transmitted to the AFT forthwith and the matter to be listed before the appropriate AFT Bench on 18.03.2026. No substantive relief on the disability pension claims was adjudicated by this Court. ¶21

Ex Cadet Shubham Bisht Vs Union of India & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the writ petition seeking disability pension (attribution/aggravation, medical board, rounding off of disability) is cognisable by the High Court or should be transferred to the Armed Forces Tribunal.

¶18

Court's answer

Noting the respondents' submission that the disability pension claim lies before the Armed Forces Tribunal, the Court deemed it appropriate to transfer the writ petition to the AFT, with the record to be transmitted forthwith.

¶19

Ratio / Principle

The Registrar (AFT), on receipt of the record and after taking orders from the Hon'ble Chairman on the Administrative side, shall list the matter before the appropriate Bench on 18.03.2026.

¶20

Detailed headnote1 paragraphs

Delhi High Court (V. Kameswar Rao and Manmeet Pritam Singh Arora, JJ.) disposed of W.P.(C) 1397/2023 filed by Ex Cadet Shubham Bisht, whose prayers included setting aside a letter dated 24.12.2019 issued by the respondents, grant of disability pension with arrears by treating his disability as attributable and aggravated by military service, conduct of a medical board to assess degree of disablement, rounding off of disability from 20% to 50% per Civil Appeal No.418/2012 UOI & Ors. vs. Ram Avtar (judgment dated 10.12.2014), and arrears with interest @18% p.a. On the submission of learned counsel for the respondents that the disability pension claim lies before the Armed Forces Tribunal, the Court transferred the writ petition to the AFT, directed that the record be transmitted forthwith, and that the Registrar (AFT), after taking orders from the Hon'ble Chairman on the Administrative side, list the matter before the appropriate Bench on 18.03.2026. The petition was disposed of for statistical purposes; no substantive issue was decided by this Court.

¶1

$~98

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 1397/2023

¶4

EX CADET SHUBHAM BISHT

¶5

.....Petitioner Through: Ms. Pallavi Awasthi, Adv.

¶6

versus

¶7

UNION OF INDIA & ORS.

¶8

.....Respondents Through: Mr. Amit Gupta, SPC, Mr. Vidur Dwivedi, Adv. and Cdr. Vikram Srivastava and Lt. Cdr. Aakarshan Aggarwal.

¶9

CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 14.01.2026

¶10

This petition has been filed with the following prayers:-

¶11

“a) To set aside the letter dated 24.12.2019 issued by the respondents.

¶12

b) To direct the respondents to grant the disability pension along with arrears to the applicant from the date of his discharge by treating his disability as attributable and aggravated by the military service. c) To direct the respondent to conduct medical board of the petitioner to assess degree of disablement.

¶13

d) To direct the respondents to grant the benefit of rounding off disability of the applicant from @20% to @50% in terms of law settled by Hon'ble Supreme Court of India in Civil Appeal No.418/2012 titled as UOI &Ors. vs. Ram Avtar vide judgment dated

¶14

This is a digitally signed order.

¶15

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/01/2026 at 13:35:11

¶16

10.12.2014 as well as in a catena of judgments by this Hon'ble Tribunal.

¶17

e) To direct the respondents to pay the due arrears of disability pension with interest @18% p.a. with effect from the date of retirement with all the consequential benefits.”

¶18

The submission of learned counsel for the respondents is that the claim of the petitioner in this petition is for the disability pension, which subject shall lie before the Armed Forces Tribunal (“AFT”).

¶19

Noting the submission made by the learned counsel for the respondents, we deem it appropriate to transfer this writ petition to the AFT. The record shall be transmitted to the AFT forthwith.

¶20

The Registrar (AFT) on receipt of the record, after taking orders from the Hon’ble Chairman on the Administrative side shall list the matter before the appropriate Bench on 18.03.2026.

¶21

For statistical purposes, this petition is disposed of.

¶22

V. KAMESWAR RAO, J

¶23

MANMEET PRITAM SINGH ARORA, J

¶24

JANUARY 14, 2026 /sr

¶25

This is a digitally signed order.

¶26

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/01/2026 at 13:35:11

Ex Cadet Shubham Bisht v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Ex Cadet Shubham Bisht v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Dr Anand Imaging and Neurological Research Centre Vs Union of India & Ors.

Vikas Saksena Vs Union of India & Ors.

Union of India & Ors. Vs Wg Cdr Mahavir Singh Retd

Chhotu Kumar Vs Indian Coast Guard & Ors.

Ramdhar Singh Vs UOI and Ors.

Goli Finance Limited Vs Union of India & Anr.

Anil Goel Vs Insolvency and Bankruptcy Board of India

Sanjeev Kumar Vs Hardayal Municipal Heritage Public Library & Ors.

Union of India & Ors. Vs Wg Cdr Mahavir Singh Retd

Chhotu Kumar Vs Indian Coast Guard & Ors.

Mukul Vs Indian Coast Guard & Ors.

Inspector Sanghmingthang Hmar Vs Union of India and Ors.

Ramdhar Singh Vs UOI and Ors.

Wg Cdr Sonia Raheja Vs Union of India & Ors.