UNION OF INDIA AND ORS vs EX PO ME MANOJ YADAV

Judgment text excerpt

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 23.01.2026 + W.P.(C) 1002/2026 CM APPL. 4871/2026 CM APPL. 4872/2026 UNION OF INDIA AND ORS .....Petitioners Through: Dr. Vijendra Singh Mahndiyan CGSC. versus EX PO ME MANOJ YADAV .....Respondent Through: Mr. Ved Prakash, Adv. 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 13.12.2023 (‘impugned order’) passed by the Armed Forces Tribunal, Principal Bench, New Delhi (‘Tribunal’, for short) in Original Application (‘O.A.’) 1717/2019 titled Ex. PO ME Manoj Yadav 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 ICD E 11 at 20% for life, broad banded to 50% for life from the date of discharge i.e., 31.01.2019. 2. The facts in the present case are that the respondent was enrolled into the Indian Navy on 28.01.2004 and was discharged from the services on 31.01.2019. The Release Medical Board (‘RMB’, for short) proceedings Signature Not Verified Digitally Signed W.P.(C) 1002/2026 Page 1 of 8 By:MOHIT Signing Date:10.02.2026 18:06:02 were held on 31.07.2018, wherein the Medical Board assessed respondent’s disability of Diabetes Mellitus Type II ICD E 11 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, the aforesaid disabilities were neither attributable nor aggravated (‘NANA’) by naval service. 3. The respondent’s claim for disability pension was rejected by the petitioners vide letter dated 22.02.2019. Thereafter, the respondent approac