UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE & ORS. vs EX HFO MANOJ KUMAR SINGH NO. 656613-N

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 23.01.2026 + W.P.(C) 973/2026 CM APPL. 4681/2026 CM APPL. 4682/2026 UNION OF INDIA THROUGH SECRETARY, MINISTRY OF DEFENCE & ORS. .....Petitioner Through: Mr. Abhishek Khanna versus EX HFO MANOJ KUMAR SINGH NO. 656613-N .....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 18.09.2024 (‘impugned order’) passed by the Armed Forces Tribunal, Principal Bench, New Delhi (‘Tribunal’) in Original Application (O.A.) 2563/2023 titled ‘Ex HFO Manoj Kumar Singh v. Union of India and Ors.’, whereby the Tribunal has granted disability pension. 2. The facts to be noted are that the respondent was enrolled into the Indian Air Force on 28.10.1983 and was discharged from the services on 31.12.2020. The Release Medical Board (‘RMB’) proceedings were held on 31.12.2020, wherein the RMB assessed the respondent’s disability of Diabetes Mellitus Type-II at 20% for life. It was further assessed that the Signature Not Verified Digitally Signed W.P.(C) 973/2026 Page 1 of 8 By:MAHIMA SHARMA Signing Date:29.01.2026 16:01:01 aforesaid disabilities were neither attributable nor aggravated (‘NANA’) by military service. The RMB’s reasoning was that the onset of disease occurred in a peace area, with no history of posting in High Altitude Areas (‘HAA’). The respondent’s claim for disability pension was rejected by the petitioners vide letter dated 01.11.2021 on the basis of the said RMB report. Therefore, the respondent approached the Tribunal by way of O.A. 2563/2023, praying for the grant of disability element of pension. 3. The respondent claimed