UNION OF INDIA & ORS. vs A EX JWO RAMESH KUMAR RETD.

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19681/2025, CM APPL. 82134/2025 and CM APPL. 82135/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Raj Kumar, CGSPC with Mr. Manish Kumar Singh and Mr. Mritunjay, Advs. versus A EX JWO RAMESH KUMAR RETD. .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 24.12.2025 C. HARI SHANKAR, J. 1. This writ petition assails an order dated 31 May 2023 passed by the Armed Forces Tribunal1 in OA 1827/2019 whereby the respondent’s prayer for disability pension has been allowed. 2. Disability pension was sought on the ground that the respondent suffered from Diabetes Mellitus II, which was found to be 20% for life rounded off to 50%. The onset of the Diabetes Mellitus II was 19 1 “AFT”, hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 19681/2025 Page 1 of 3 KUMAR Signing Date:24.12.2025 18:52:57 years after the respondent joined the service. No Diabetes Mellitus II was noted at the time when the respondent was recruited. 3. The reasoning given by the Release Medical Board for holding that the respondent’s Diabetes Mellitus II was not attributable to or aggravated by service read thus: “Type 2 Diabetes Mellitus Type (old) ICD-E11.0: NANA, as the disability is idiopathic/life style related disorder and no close time association with stress/strain of field/HAA/Cl OPS service. As onset of disability in MFA. Hence not attributable to/not aggravated by service in terms of Para 26 of Chapter VI of GMO 2008 (Amended).” 4. In 81 similar cases, in which the reasoning of the RMB is substantially the same, including Union of India v. GP Capt S Kumaran2, Union of India v. Satish Chandra Mishra3 as well as Union of India v. Ex Sub Gawas Anil M