UNION OF INDIA THROUGH ITS SECRETARY & ORS. v. EX NK MAHESH PAL SINGH (NO 14679220)
W.P.(C)/7353/2026 · 2026-08-11
Amit Sharma, Nitin Wasudeo Sambre
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 14863 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14863 (DEL) · dailylaw.ai ]
Judgment text
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$~8 to 10 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010238342026 + W.P.(C) 7353/2026 & CM APPL. 35872/2026, CM APPL. 35873/2026 UNION OF INDIA THROUGH ITS SECRETARY & ORS. .....Petitioners Through: Ms. Theepa Murugesan, SPC with Mr. Yogesh Kumar Dubey, Advocate Mr Vedansh Anand, (SPC) with Mr Shivam Kumar, Advocate for R/UOI versus EX NK MAHESH PAL SINGH (NO 14679220) .....Respondent Through: Mr. Ved Prakash, Advocate 9 # CNR No. DLHC010240352026 + W.P.(C) 7452/2026 & CM APPL. 36225/2026, CM APPL. 36226/2026 UNION OF INDIA & ORS. .....Petitioner Through: Mr Piyush Gupta, CGSC with Mr Atishay Jain, Advocate versus COL PREM CHAND (RETD) .....Respondent Through: Mr. Manoj Kr. Gupta, Mr. Rajesh Nandal, Ms. Esha Mehrotra and Ms. Davengana Sharma, Advocates Mr. Rajesh Nandal, Advocate for the applicant 10 # CNR No. DLHC010240362026 + W.P.(C) 7456/2026 & CM APPL. 36231/2026, CM APPL. 36232/2026 This is a digitally signed order. 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 14/08/2026 at 13:07:42
UNION OF INDIA & ORS. .....Petitioner Through: Mr. Shashank Dixit, CGSC with Mr. Kunal Raj, Advocate Mr Vedansh Anand, SPC with Mr Shivam Kumar, Advocate for R/UOI versus EX NAIK BIMAL SINGH .....Respondent Through: Mr. Manoj Kr. Gupta, Mr. Rajesh Nandal, Ms. Esha Mehrotra and Ms. Davengana Sharma, Advocates CORAM:
HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R %
11.08.2026
1. The respondents invoked the jurisdiction of the Armed Forces Tribunal seeking quashing of the communication dated 6th June, 2021 and consequentially, sought disability pension rounded off to 50% from the date of discharge. 2. It was the case of the respondent before the Tribunal that, having enrolled with the petitioner on 29th March, 2005, he developed primary hypertension due to the stress he suffered and was released from service on 31st May, 2021. 3. The disability was assessed at 30% by the Release Medical Board, whereas the respondent sought rounding off the disability element to 50% based on the judgment of the Apex Court in ‘Dharamvir Singh v. Union of India and Others’, reported in (2013) 7 SCC 316. 4.
The counsel for the petitioner has made two-fold submissions: a. That the Tribunal ought not to have rounded off the disability This is a digitally signed order. 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 14/08/2026 at 13:07:42
element from 30% to 50% after the certification by the Release Medical Board; b. The issue is pending consideration before the Apex Court. 5. In light of the above submission, when confronted, it was brought to our notice that the Apex Court has not stayed the view expressed in Dharamvir Singh (supra). 6. Apart from the above, we cannot be insensitive to the fact that the petitioners themselves have certified the disability of primary hypertension, wherein the Release Medical Board has assessed it at 30%. The Apex Court in the matter of Dharamvir Singh (supra) has already granted rounding off up to 50%. 7. As the issue is squarely covered by the judgment in Dharamvir Singh (supra), we see no reason to keep the present petition pending or to exercise our extraordinary jurisdiction to interfere in the impugned order. 8. As such, the petition stands dismissed. 9. Pending applications also stand disposed of accordingly. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J AUGUST 11, 2026/pr/ok This is a digitally signed order. 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 14/08/2026 at 13:07:42