UNION OF INDIA THROUGH ITS SECRETARY & ORS. vs EX SGT SUBIR DANDAPAT(780463-K)

Judgment text excerpt

$~112 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18333/2025, CM APPL. 75912/2025 & CM APPL. 75913/2025 UNION OF INDIA THROUGH ITS SECRETARY & ORS. .....Petitioners Through: Mr. K.C. Dubey, SPC versus EX SGT SUBIR DANDAPAT(780463-K) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 03.12.2025 C. HARI SHANKAR, J. 1. We have, till date, decided 355 cases in which we have dismissed appeals challenging orders of the Armed Forces Tribunal, allowing the claims of disability pension. 2. Of these, 71 cases relate to instances where the officers suffered from Diabetes Mellitus Type-II1. 3. This is the 72nd case, also involving an officer suffering from DM-II. 4. As in all other cases, the respondent in the present case has Signature Not Verified W.P.(C) 18383/2025 Digitally Signed By:AJIT Page 1 of 5 KUMAR Signing Date:04.12.2025 19:19:40 served the Army for a considerable period - 19 years and 6 months to be precise - before onset of the ailment. 5. The report of the RMB provides the following reasoning for holding the ailment not to be attributable to or aggravated by military service: “Diabetes Mellitus Type II(Old): It’s a lifestyle disorder. Onset in peace. No close time association with stress/strain of FD/HAA/CIOPS service as per para 26 CH VI of GMO 2008.” 6. In cases where an identical ground was cited for disallowing disability pension where the officer was suffering from DM-II, we have, following the judgments of the Supreme Court in Dharamvir Singh v. UOI2 and Bijender Singh v. UOI3, dismissed writ petitions in several matters, including Union of India v. GP Capt. S Kumaran (Retd.)4, Union of India v. Sayan Panja5 and Union of India v. GP Capt. Santosh Kumar6. 7. There is no order or ju