UNION OF INDIA & ORS. vs 711829 EX SGT RAJKUMAR BABURAO NANAWARE

Judgment text excerpt

$~143 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 22.01.2026 + W.P.(C) 559/2026, CM APPL. 2757/2026 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Brijesh Kumar Tamber, CGSC, Ms. Arani Mukherjee and Mr. Vinay Singh Bist, Advs. versus 711829 EX SGT RAJKUMAR BABURAO NANAWARE .....Respondent Through: None. 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 challenges the order dated 13.07.2023 (‘impugned order’) passed by the Armed Forces Tribunal, Principal Bench, New Delhi (‘Tribunal’) in Original Application (O.A.) 19/2020 titled ‘711829 Ex SGT Rajkumar Baburao Nanaware v. Union of India and Ors.’, whereby the Tribunal has held that the respondent is entitled to disability element of pension in respect of disability of Right Vestibular Schwannoma GKS at 40% for life rounded off to 50% for life from the date of discharge, i.e., 30.04.2017. 2. The facts to be noted are that the respondent was enrolled into the Indian Air Force on 28.04.1994 and was discharged from the services on Signature Not Verified Digitally Signed W.P. (C) 559/2026 Page 1 of 10 By:MAHIMA SHARMA Signing Date:29.01.2026 16:12:49 30.04.2017. The Release Medical Board (‘RMB’) proceedings were held on 19.07.2016, wherein the Medical Board assessed the respondent’s disability of Right Vestibular Schwannoma GKS at 40% for life and composite disablement for all disabilities was assessed 40% for life. It was assessed that the aforesaid disease was neither attributable nor aggravated (‘NANA’) by military service. It was further opined that the said disease is idiopathic in nature. 3. The respondent’s claim for disability element of pension was reje