UNION OF INDIA AND ORS vs GP CAPT DILIP KUMAR SALUJA RETD

Judgment text excerpt

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16266/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Ashish K Dixit CGSC with Mr. Shivam Tiwari, Mr Umar Hashmi Ms. Iqra Shiesh, Advs. versus GP CAPT DILIP KUMAR SALUJA RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 27.10.2025 C. HARI SHANKAR, J. 1. This is yet another case which deals with the respondent’s claim for disability pension on the ground of Diabetes Mellitus and primary hypertension. The Union of India assails the decision of the Armed Forces Tribunal, granting disability pension. 2. The reasoning given by the release medical board for treating the disabilities as not attributable to military service reads thus: “Type-2 Diabetes Mellitus (Old): The disability is metabolic in nature, onset in May 2016 at Chandigarh in peace area and prior to onset the individual has served in peace station. There was no delay in diagnosis/treatment and no close time association or stress/strain of field/HAA/CI OPS Service. The disability is due to lifestyle factors like dietary indiscretion/lack of exercise. Hence the disability is considered “neither attributable to nor aggravated” by the conditions of service vide para 26 of Chapter VI of GMO on Signature Not Verified Digitally Signed By:AJIT W.P.(C) 16266/2025 Page 1 of 2 KUMAR Signing Date:28.10.2025 16:22:36 Pension (Amendment) 2008. Primary Hypertension: The disability is constitutional or idiopathic in nature. Onset in May 2016 at Chandigarh and prior to onset the individual has served in peace stations only. There was no delay in diagnosis/treatment and no close time association of stress/strain of field/HAA/Ops service. Thus disability due to lifestyle factor like dieta