$~101

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision : 13.01.2026

+ W.P.(C) 415/2026 & CM APPL. 1959/2026

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

Through: Mr. Jagdish Chandra Solanki, CGSC,

Mr. Siddharth Bajaj and Mrs. Maanya

Saxena, Adv.

Sgt. Mritunjay and Sgt. Padam

Charan, DAV Legal Cell, Air Force.

versus

626111-K WO RODRIGUES RUDOLPH FRANCIS .....Respondent

Through: None.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

V. KAMESWAR RAO, J. (ORAL

1. This petition has been filed challenging the order dated 19.05.2023 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (‘Tribunal’, for short) in Original Application No. 2083/2021 (‘OA’, for short), whereby the Tribunal has allowed the OA filed by the respondent

with the finding in paragraph no.18, as under:-

“18. Thus, the OA 2083/2021 is allowed and application is held entitled to the grant of the disability element of pension Diabetes Mellitus @ 30%, assessed compositely@ 50% for life, which in terms of the verdict of the Hon’ble Supreme Court of India in Civil Appeal 418/2012 dated 10.12.2014 titled as UOI & Ors. Vs. Ramavtar, the said disability is rounded off the 50%

from the dat