UNION OF INDIA AND ORS. vs EX SGT AJAY KHURANA

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 03.02.2026 + W.P.(C) 587/2026 UNION OF INDIA AND ORS. .....Petitioners Through: Ms. Gauri Goburdhun, SPC. versus EX SGT AJAY KHURANA .....Respondent Through: Ms. Deepika Sheoran, Mr. Baljeet Singh and Mr. Abhishek Gahlyan, Advs. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) CM APPL. 2887/2026 (Exemption) 1. Exemption is allowed, subject to just exceptions. 2. The application is disposed of. W.P.(C) 587/2026, CM APPL. 2888/2026 1. This is a writ petition filed under Article 226 of the Constitution of India against the order dated 20.09.2023 [‘impugned order’] passed by the Armed Forces Tribunal, Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A.’] No. 1267/2019 titled as Ex Sgt Ajay Khurana v. Union of India & Ors., wherein the Respondent has been granted the benefit of the disability element of pension for Diabetes Mellitus Type-II (Old) at 20% rounded off to 50% for life, from the date of his retirement from the service i.e., 30.06.2017. Signature Not Verified Digitally Signed W.P. (C) 587/2026 Page 1 of 8 By:MOHIT Signing Date:13.02.2026 19:46:40 2. The facts giving rise to the present petition are that the Respondent was retired from service under the clause ‘on fulfilling the conditions of enrolment’. 3. The Release Medical Board [‘RMB’], held on 19.08.2016, assessed his disability i.e., Diabetes Mellitus Type-II (Old) at 20% for life. The RMB opined that since the onset of the disease was at the time when the Respondent was serving in the peace area i.e., in May 2011 at Thanjavur/47 Wing, Air Force and since Diabetes Mellitus Type II is a lifestyle disease, therefore, the aforesaid disability was ne