Union of India & Ors. Vs Naik Surat Singh — Writ and Judicial Review | Delhi HC (2026)

Union of India & Ors. Vs Naik Surat Singh — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

No relief to petitioners; writ petition dismissed with the question of law expressly kept open. Directions preserved for the respondent's side: on expiry of Naik Surat Singh his wife is entitled only to ordinary family pension; if the Supreme Court's outcome in Union of India v. Ex Sgt Girish Kumar is favourable to her, it shall be implemented and arrears paid from the date applicable on Broad Banding of disability pension. Pending applications disposed of accordingly (¶32).

Issue for consideration

Whether the Tribunal could lawfully have granted the respondent disability element of pension rounded off to 50%, given that subsequent resurvey medical boards assessed his disability between 15% to 19%, below the 20% threshold for disability pension. +1 more

Court's answer

The petitioners' submission (that sub-20% resurvey assessments precluded the Tribunal's relief), though appealing at first blush, was rejected: the court pointed to the initial order dated 13.02.2017 passed in O.A. 1484/2016 by the Tribunal as the anchor for the Tribunal's conclusion.

Ratio / Principle

The Tribunal's initial order dated 13.02.2017 in O.A. 1484/2016 had determined eligibility for disability pension, noting the disability to be to the tune of 100%.

Key takeaways

Since the order dated 13.02.2017 was conceded to be unchallenged and has attained finality, the benefit granted vide the impugned order dated 06.10.2022 cannot be challenged.ratio¶24
On expiry of the respondent, Naik Surat Singh, his wife shall only be entitled to ordinary family pension.ratio¶25
The writ petition is dismissed, while making it clear that the question of law raised by the petitioners remains open.ratio

Detailed headnote1 paragraphs

Writ Petition (Civil) — High Court of Delhi (V. Kameswar Rao and Manmeet Pritam Singh Arora, JJ.; oral judgment of V. Kameswar Rao, J.), decided 12 January 2026 — Union of India & Ors. v. Naik Surat Singh. The petitioners challenged the Armed Forces Tribunal (Principal Bench) order dated 06.10.2022 in O.A. 1484/2016, which had allowed the respondent disability element of pension at 20% w.e.f. 24.04.1982, rounded off to 50% w.e.f. 01.01.1996, with arrears limited to three years before filing of the OA. Petitioners contended that resurvey medical boards of 27.10.1996, 20.09.1999 and 28.04.2004 assessed disability at 15%–19%, below the 20% disability-pension threshold, so the Tribunal could not have granted such relief. The court rejected the contention: the Tribunal's initial order dated 13.02.2017 in the same OA had determined eligibility for disability pension recording disability to the tune of 100%; that order stood unchallenged and had attained finality, so the benefits granted vide the 06.10.2022 order could not be challenged. The petition was dismissed with the question of law expressly left open. As the respondent had expired, it was noted as undisputed that his wife would be entitled only to ordinary family pension; if the outcome of Union of India v. Ex Sgt Girish Kumar, pending before the Supreme Court, is favourable to her, it shall be implemented and arrears paid from the date applicable on Broad Banding of disability pension by the Supreme Court.

$~84

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision:12^th January, 2026

- W.P.(C) 357/2026 CM APPL. 1763/2026

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

Through: Mr. Akash Chatterjee, SPC, Ms. Shivani Sethi, Major Anish Murlidhar, Army.

Versus

NAIK SURAT SINGH .....Respondent Through: Ms. Archana Ramesh, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

V. KAMESWAR RAO , J. (ORAL)

CM APPL. 1764/2026

Allowed, subject to all just exceptions.

The application is disposed of.

W.P.(C) 357/2026 CM APPL. 1763/2026

The present writ petition under Article 226 of the Constitution of India has been filed by the petitioners challenging the order dated 06.10.2022 passed by the Armed Forces Tribunal, Principal Bench, New Delhi, (hereinafter, ‘Tribunal’) in Original Application 1484/2016

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(hereinafter, ‘OA’), whereby the Tribunal has allowed the OA by granting disability element of pension at 20% w.e.f., 24.04.1982 rounded off to 50% to the respondent, w.e.f. 01.01.1996. The Tribunal held that the arrears will, however, be limited to three years prior to the filing of the OA.

The submission of the learned counsel for the petitioners is that since the subsequent resurvey medical board(s) held on 27.10.1996, 20.09.1999 and also on 28.04.2004 have assessed the disability of the respondent between 15% to 19 %, for five years/for life, respectively, which assessment of disability is less than 20%, that is the threshold for being granted the disability pension, the Tribunal could not have granted the relief in the manner it has done in the impugned order dated 06.10.2022.

Though, the said submission looks appealing on a first blush, we find that the conclusion of the Tribunal is contrary to the initial order dated 13.02.2017 passed in O.A. 1484/2016 by the Tribunal, wherein, the Tribunal has determined the eligibility of the petitioners for disability pension, by noting the fact, that the disability is to the tune of 100%.

Concededly, the order dated 13.02.2017 has not been challenged by the petitioners and the same has attained finality. In the absence of challenge, the benefit granted vide the impugned order dated 06.10.2022, cannot be challenged.

During the course of hearing, we have been informed that the respondent, Naik Surat Singh has expired. If that be so, it is also not disputed on expiry of Naik Surat Singh, his wife shall only be entitled to ordinary family pension.

Noting the above aspects and, making it clear that the question of law

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which has been raised by the petitioners in this writ petition as open, we dismiss the present writ petition. If the final outcome of the case in Union of India v. Ex Sgt Girish Kumar , pending before the Hon’ble Apex Court is favourable to the respondent’s wife it shall be implemented, and arrears will be paid to the respondent’s wife from the date made applicable, on the Broad Banding of disability pension by the Hon’ble Apex Court.

Accordingly, the petition along with pending application(s), if any, is disposed of.

V. KAMESWAR RAO, J

MANMEET PRITAM SINGH ARORA, J

JANUARY 12, 2026 /tg

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Signed By:MAHIMA SHARMA Signing Da te:1 9.01.2026 16:21