UNION OF INDIA & ORS. vs SERVICE NO 785407 EX SGT RAJESH KUMAR (EX SM)

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 9470/2025, CM APPL. 39981/2025 & CM APPL. 39982/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Jagdish Chandra, CGSC with Mr. Shubham Kumar Mishra and Mr. Sujeet, Advs. along with Mr. Mrityunjay, IAF. versus SERVICE NO 785407 EX SGT RAJESH KUMAR (EX SM) .....Respondent Through: Mr. Arvind Kumar, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 10.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 15 January 2024 passed by the Armed Forces Tribunal1 in OA 94/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II2 has been allowed by the AFT relying on the judgment of the Supreme Court in Dharamvir Singh v UOI3. 2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso4. 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter 3 (2013) 7 SCC 316 4 2025 SCC OnLine Del 2018 3. Nonetheless, we have heard Mr. Jagdish Chandra, learned Central Government Standing Counsel for the petitioners, and have perused the record. 4. The respondent was released in Low Medical