UNION OF INDIA & ORS. vs 20119 GP CAPT SK SINGH (RETD.)

Judgment text excerpt

$~115 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 19.03.2026 + W.P.(C) 3568/2026 CM APPL. 17311/2026 CM APPL. 17312/2026 UNION OF INDIA & ORS. .....Petitioner Through: Mr. Shashank Dixit, CGSC, Mr. Kunal Raj, Adv. versus 20119 GP CAPT SK SINGH (RETD.) .....Respondent Through: Appearance not given CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J (ORAL) 1. This is a writ petition filed under Article 226 of the Constitution of India against the order dated 20.12.2024 [‘impugned order’] passed by the Armed Forces Tribunal Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A.’] No. 346/2019 titled as GP CAPT S.K. Singh (Retd.) v. Union of India & Ors., wherein the Respondent has been granted the benefit of the disability element of pension for the disability ‘Moderately Severe Conductive Hearing Loss (RT) Ear’ assessed at 20% for life, rounded off to 50% for life, from the date of his discharge from the service. The Tribunal has limited the arrears for the period of three (3) years prior to the institution of the O.A. 2. The facts giving rise to the present petition are that the Respondent Signature Not Verified Signed By:MAHIMA W.P.(C) 3568/2026 Page 1 of 9 SHARMA Signing Date:25.03.2026 11:48 who was commissioned in the Indian Air Force (‘IAF’) on 21.07.1989, took premature retirement from service on 31.07.2012 in Low Medical Category (‘LMC’). 3. The Release Medical Board [‘RMB’] held on 15.04.2013 assessed the disability i.e., ‘Moderately Severe Conductive Hearing Loss (RT) Ear’ at 20% for life as neither attributable to nor aggravated [‘NANA’] by the military service. The reasons for holding NANA are not ex-facie evident from the report dated 15.04.2013. However, th