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Judgment
CM APPL. 15321/2025 (for exemption)
Exemption application allowed subject to all just exceptions.
The application stands disposed of.
W.P.(C) 3262/2025
The Union of India challenges an order passed by the Armed Forces Tribunal, whereby disability pension has been granted to the respondent.
The reasoning of the Release Medical Board1 on the basis of which the respondent was disqualified is thus reproduced:
“An idiopathic disorder/life style related disorder. Onset Sep 2004 while posted in peace. Prior to onset individual served in peace stations only since 1990. No close time association with stress/strain of Fd/HAA/CIOPS service. Hence NANA in terms of para 43/47//14 of GMO (Ch. VI)”
It is also acknowledged in the RMB that at the time of his entry into the service, the aforesaid ailment was not present.
In cases involving identical recommendations of the RMB, this Court has inter alia in Union of India v. Ex. SGT Manoj K L Retd2, Union of India v. Rajveender Singh Mallhi3 and Union of India v. Koutharapu Srinivasa4 cases upheld the order of the Armed Forces Tribunal and dismissed the petition of the Union of India.
To our knowledge, none of the said orders has been reversed or interdicted by the Supreme Court in any matter.
Accordingly, following the said decisions, this writ petition is dismissed.
Let the compliance to the order passed by the Armed Forces Tribunal be ensured within 12 weeks.