Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Del) 268

IN THE HIGH COURT OF DELHI AT NEW DELHI
V. KAMESWAR RAO, MANMEET PRITAM SINGH ARORA, JJ.
Ex Cadet Jai Swarup Wal - Petitioner
Versus
Union Of India & Ors. – Respondents
W.P.(C) 1299 of 2026 & CM APPL. 6336 of 2026
Decided On : 30-01-2026

Advocates Appeared:
For the Petitioner: Ms. Shruti Rawat and Mr. PRashant Negi, Advs.
For the Respondent Dr. Vijendra Singh Mahndiyan CGSC, Mr. Bharat Sharma, GP with Major Anish Muralidhar

An inordinate delay in pursuing a claim for disability pension can bar relief, particularly when critical documents from the time are no longer available.

Headnote:(A) Constitution of India - Article 14 and 21 - Disability pension - Petition challenging denial of disability pension and discriminatory policy impeding benefits to cadets prior to 04.01.2019 - Petitioner invalidated during military training due to medical condition, argued denial violated constitutional rights. (Paras 5, 8, 12)

(B) Delay and Laches - Claim raised after more than 50 years deemed time-barred; no sufficient explanation provided for inordinate delay. (Paras 14, 15)

(C) Impugned orders - The court upheld the denial of relief due to lack of supporting documents from the relevant period. (Paras 17, 18)

Facts of the case:
The petitioner, an ex-cadet, sought disability pension after being invalided out of military service due to a condition arising during training. Multiple representations over decades were ignored, leading to contempt of his rights under the Constitution.

Findings of Court:
The court noted that due to the substantial time lapse, relevant documentation was likely unavailable, legitimizing the respondents' denial of pension as procedurally sound.

Issues: The key issues stemmed from the justification of the delay presented and respect towards prior regulations benefitting cadets.

Ratio Decidendi: The court maintained that despite the claim's merit, significant delay and lack of evidence constrained the possibility for relief.

Result: Petition dismissed.

Table of Content
1. petitioner's challenge against denial of benefits. (Para 3 , 4)
2. petitioner's arguments regarding medical condition and policy applicability. (Para 5 , 6 , 7 , 8 , 9 , 12)
3. respondents' failure to provide resolution and documents. (Para 10 , 11)
4. court's evaluation of delay and latches in petition. (Para 14 , 15 , 16 , 17)
5. court's dismissal of the petition. (Para 18)

JUDGMENT :

V. KAMESWAR RAO, J.

CM APPL. 6337/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 1299/2026 & CM APPL. 6336/2026

3. This petition has been filed with the following prayers:-

“(a) Issue writ petition under Article 226 of the Constitution of India for issuance of an appropriate Writ, Order or Direction calling for the records on the based on which the Respondents have issued various orders including order dated 13.05.2019 and also denied disability pension as well as Ex-gratia award to the Petitioner treating his disability as Neither Attributable to Nor Aggravated by Military Service as well as issuing a discriminatory policy dated 16.07.2020 vide which the invaliding pension has been denied to the cadets like the Petitioner by fixing a cut-off date arbitrarily w.e.f. 04.01.2019 and granting such benefit to only those service personnel other than cadets who have been invalidated out of service post 04.01.2019 and thereafter quash all such orders.

(b) Further issue a writ of mandamus or any other appropriate writ for directing the Respondents to accept the recommendation of Raksha Mantri’s committee of experts report of granting the gentlemen cadets disability pension and other consequential benefits including broad banding at par and at the same rate as admissible to the officers of the regular forces on their Invalidment from service on medical grounds for attributable/ aggravated causes and in alternative for grant of Invalidment pension to the Petitioner by directing suitable modification in the impugned policy to extend the benefit of policy dated 16.07.2020 to Invalidment cases including cadets who were invalidated prior to 04.01.2019.

(c) Pass such other writ(s), order(s), or direction(s) as this Hon’ble Court may deem just, fit, and proper in the facts and circumstances of the present case and in the interest of justice.”

4. In substance, the petitioner herein is challenging the impugned letter dated 13.05.2019 whereby, the respondents have rejected the claim of the petitioner for grant of disability pension, on the ground of non-availability of Invalidity Medical Board (IMB) proceedings and the case of the petitioner being time barred.

5. Ms. Shruti Rawat, learned counsel for the petitioner states that the petitioner was medically invalidated during pre-commission training to a disability attributable to and aggravated by military service. She states that as per policy of 1954 vide letter bearing No. F.298/PR/4944-B/D(PP) dated 27.05.1954, in case of disablement or death of officer cadets on account of injuries/ diseases having causal connection with their training conditions, payment of disability/ dependents pensions would be made ex-gratia, on compassionate grounds, on an ad hoc basis on the merits of each individual case.

6. Her submission is that the petitioner, during his initial phase displayed remarkable discipline. On 04.09.1965, during an intensive training routine, the petitioner experienced a sudden onset of acute dyspnoea (breathlessness), and was admitted to MH, Khadakwasla, where he was diagnosed with Spontaneous Pneumothorax (Right). In light of the seriousness of his condition, he was referred to MH, Aundh on 15.09.1965 for further medical management. While in Ajmer, the petitioner suffered a second attack of acute dyspnoea. He received immediate local treatment and was later admitted to MH Nasirabad on 30.12.1966 from where he was again referred to MH Aundh on 10.02.1967. Radiological examination indicated partial recovery, showing fair expansion of the uppe