UNION OF INDIA & ORS. vs 726766 EX JWO SANJAY KUMAR SHARMA

Judgment text excerpt

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 23.01.2026 + W.P.(C) 974/2026, CM APPL. 4683/2026 CM APPL. 4684/2026 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Jagdish Chandra, CGSC and Ms Maanya Saxena, Adv. versus 726766 EX JWO SANJAY KUMAR SHARMA .....Respondent Through: 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 31.07.2023 (‘impugned order’) passed by the Armed Forces Tribunal, Principal Bench, New Delhi (‘Tribunal’) in Original Application (O.A.) 1323/2020 titled ‘Ex JWO(AUP) Sanjay Kumar Sharma v. Union of India and Ors.’, whereby the Tribunal has granted disability element of pension to the respondent in respect of disability Primary Hypertension at 30% and Diabetes Mellitus Type II at 20% (compositely for both disabilities at 40% life), rounded off to 50% with effect from the date of discharge of the respondent. Signature Not Verified Digitally Signed W.P.(C) 974/2026 Page 1 of 9 By:MAHIMA SHARMA Signing Date:29.01.2026 16:01:01 2. The facts to be noted are that the respondent was enrolled into the Indian Air Force (‘IAF’) on 19.01.1988 and was discharged from the services on 16.04.2019. The Release Medical Board (‘RMB’) proceedings were held on 02.02.2019, wherein the RMB assessed the respondent’s disability of (i) Alcohol Dependence Syndrome ICD-F10 at 0%, (ii) Primary Hypertension at 30%, (iii) Diabetes Mellitus Type-II at 20%, (iv) Obesity at 1-5% and (v) Dyslipidemia at 1-5% for life, with a composite assessment for all the disabilities at 60% for life, which were neither attributable nor aggravated (‘NANA’) by military service. The respondent’s claim for