##PAGE1##

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19681/2025, CM APPL. 82134/2025 and CM APPL.

82135/2025

UNION OF INDIA & ORS. .....Petitioners

Through: Mr. Raj Kumar, CGSPC with

Mr. Manish Kumar Singh and Mr.

Mritunjay, Advs.

versus

A EX JWO RAMESH KUMAR RETD. .....Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT (ORAL)

% 24.12.2025

C. HARI SHANKAR, J.

1. This writ petition assails an order dated 31 May 2023 passed by

the Armed Forces Tribunal, $~13 in OA 1827/2019 whereby the

respondent’s prayer for disability pension has been allowed.

2. Disability pension was sought on the ground that the respondent

suffered from Diabetes Mellitus II, which was found to be 20% for life

rounded off to 50%. The onset of the Diabetes Mellitus II was 19

1“AFT”,hereinafter

Signature Not Verified

Digitally Signed By:AWJIT.P.(C)19681/2025 Page1of

KUMAR

Signing Date:24.12.2025

18:52:57

years after the respondent joined the service. No Diabetes Mellitus II

was noted at the time when the respondent was recruited.

3. The reasoning given by the Release Medical Board for holding

that the respondent’s Diabetes Mellitus II was not attributable to or

aggravated by service read thus:

“Type 2 Diabetes Mellitus Type (old) ICD-E11.0: NANA, as the

disability is idiopathic/life style related disorder and no close time

association with stress/strain of field/HAA/Cl OPS service. As

onset of disability in MFA. Hence not attributable to/not

aggravated by service in terms of Para 26 of Chapter VI of GMO

2008(Amended).”

4. In 81 similar cases, in which the reasoning of the RMB is

substantially the same, including Union of India v. GP Capt S

Kumaran, 22025SCCOnLineDel7589, Union of India v. Satish Chandra Mishra³ as well as

Union of India v. Ex Sub Gawas Anil Madso, 4318(2025)DLT711, we have upheld the

order of the AFT and dismissed the writ petition.

5. Those decisions apply, mutatis mutandis, to the present case.

6. We have not been informed that any of these decisions has

been stayed or interfered with by the Supreme Court.

7. Mr. Raj Kumar, learned CGSPC for the Union of India, fairly

acknowledges that this dispute is entirely covered by the aforesaid

decisions.

32025SCCOnLineDel8361

Signature Not Verified

Digitally Signed By:AWJIT.P.(C)19681/2025 Page2of

KUMAR

Signing Date:24.12.2025

18:52:57

8. The writ petition is accordingly dismissed in limine

9. Compliance with the order of the AFT be positively ensured

within twelve weeks from today.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

DECEMBER 24, 2025/yg

Signature Not Verified

Digitally Signed By:AWJIT.P.(C)19681/2025 Page3of

KUMAR

Signing Date:24.12.2025

18:52:57