UNION OF INDIA AND ORS vs (624717) EX HFL KSHETRA MOHAN SEN

Judgment text excerpt

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 23.01.2026 + W.P.(C) 1000/2026 CM APPL. 4864/2026 CM APPL. 4865/2026 UNION OF INDIA AND ORS .....Petitioners Through: Ms. Arti Bansal, CGSC UOI with Ms. Shruti Goel Advocate versus (624717) EX HFL KSHETRA MOHAN SEN .....Respondent Through: Mr. Baljeet Singh, Mr. Deepika Sheoran 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) 1. This petition under Article 226 of the Constitution of India lays the challenge to the order dated 17.08.2023 (‘impugned order’) passed by the Armed Forces Tribunal, Principal Bench, New Delhi (‘Tribunal’, for short) in Original Application (‘O.A.’) 123/2020 titled Ex. HFL Kshetra Mohan Sen v. Union of India and Others, wherein the respondent has been granted the benefit of the disability element of pension for Diabetes Mellitus Type II (Old) at 20% for life, rounded off to 50% for life from the date of discharge i.e., 31.07.2019. 2. The facts in the present case are that the respondent was enrolled into the Indian Air Force on 08.12.1979 and was discharged from the services on Signature Not Verified Digitally Signed W.P.(C) 1000/2026 Page 1 of 8 By:MOHIT Signing Date:10.02.2026 18:04:15 31.07.2019 under the clause ‘on attaining the age of superannuation’. The Release Medical Board (‘RMB’, for short) proceedings were held on 31.08.2018, wherein the Medical Board assessed respondent’s disability of Diabetes Mellitus Type II (Old) at 20% for life. The Medical Board opined that since the onset of the disease was at the time, when the respondent was serving at a peace station in September, 2016; and since there was no delay in diagnosis; as well as there is no close time as