UNION OF INDIA & ORS. vs WARRANT OFFICER A. K. SINGH RETD. 15211

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18498/2025, CM APPL. 76721/2025 & CM APPL. 76722/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Srivats Kaushal, SPC versus WARRANT OFFICER A. K. SINGH RETD. 15211 .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 05.12.2025 C. HARI SHANKAR, J. 1. This petition challenges judgment dated 6 November 2023 passed by the Armed Forces Tribunal1, whereby the respondent’s claim for disability pension has been allowed. We find, from the Index accompanying the petition, that the Index itself is dated 18 November 2025. In other words, there is an inordinate and unexplained delay of at least two years in filing this petition. Following the judgment of the Supreme Court in Thirunagalingam v. R. Lingeswaran2, this writ petition is liable to be dismissed even on the ground of unconscionable and unexplained delay and laches. 1 “AFT” hereinafter 2 2025 SCC OnLine SC 1093 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 18498/2025 Page 1 of 7 KUMAR Signing Date:09.12.2025 17:06:08 2. Nonetheless, we also examined the petition on merits, as it is fully covered by earlier orders passed by us. 3. The respondent was found to suffer from Coronary Artery Disease3 and Diabetes Mellitus Type-II4. The respondent was serving with the Army. The onset of the ailment was 37 years after the respondent had joined service. The report of the Release Medical Board5 which released him on account of disability specifically states that he was not suffering from any disability at the time when he was enrolled in service. In other words, it is an admitted position that the disability arose when he was in service. 4. The report of the RMB certifies that the responde