$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 22.01.2026 + W.P.(C) 18095/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr Nishant Gautam, CGSC and Ms Kavya Shukla Advocate with Major Anish Muralidhar in person.

versus IC-43997N COL SHIV KUMAR SINGH .....Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL CM APPL. 74884/2025 (Exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 18095/2025 & CM APPL. 74885-86/2025

3. This petition has been filed by the petitioners challenging the order dated 19.07.2023 (impugned order) passed by the Armed Forces Tribunal, Principal Bench, New Delhi (Tribunal) in Original Application No. 589/2020 (‘OA’ for short), whereby the Tribunal has allowed the OA filed by the respondent by stating in paragraphs 14 to 19 as under:-

“14. In the present case, it is not disputed that the applicant had been posted seven times at the field stations, most of which were in J&K, a High Altitude Area and he had been a part of the counter insurgency operations such as 'OP PRAKRAM '. Therefore, as per the guidelines laid down in GMO(MP), 2008, the service in field and high altitude areas in addition to physical hardship inflicts considerable stress and strain on the individual and, therefore, the assessment of the disability of the applicant as neither attributable to nor aggravated by military service is not reasonable. Although the disability was noted when the applicant was in a peace area, the probability of earlier service in field and high altitude areas having contributed to mental stress and strain resulting in CAD cannot be overlooked. There is no record to show that the applicant has suffered CAD due to hereditary and unhealthy life style. Thus, we hold that the disability ID CAD (IWMI POST STK)

is attributable to and aggravated by military service.

15. As regards the disability ID (ii) Type II Diabetes Mellitus, as per the amendment to Chapter VI of 'Guide to Medical Officers (Military Pensions), 2008, Para 26 thereof, Type 2 Diabetes Mellitus is to be conceded as aggravated if the onset occurs while serving in Field/ CIOPS/HAA/prolonged afloat service and having been diagnosed as 'Type II Diabetes Mellitus' who are required to serve in these areas. Furthermore, inter alia stress and strain because of service reasons are stated therein to be known factors which can precipitate diabetes or cause uncontrolled diabetic state. Specific relevant portions of Para 26, Chapter VI of the GMO (MP), 2008, read as under:

"26. Diabetes Mellitus This is a metabolic disease characterised by hyperglycemia due to absolute/relative deficiency of insulin and associated with long term complications called microangiopathy (retinopathy, nephropathy and neuropathy) and macroangiopathy.

There are two types of Primary diabetes, Type 1 and Type 2. Type 1 diabetes ......... ...... .. .. Type 2 diabetes is not HLA-linked and autoimmune destruction does not play a role.

Secondary diabetes can be due to drugs or due to trauma to pancreas or brain surgery or otherwise. Rarely, it can be due to diseases of pituitary, thyroid and adrenal gland. Diabetes arises in close time relationship to service out of infection, trauma, and post surgery and post drug therapy be considered attributable.

Type 1 Diabetes . . . . . . . . . . . . . . Type 2 diabetes is considered a life style disease. Stress and strain, improper diet non-compliance to therapeutic measures because of service reasons, sedentary life style are the known factors which can precipitate diabetes or cause uncontrolled diabetic state.

Type 2 Diabetes Mellitus will be conceded aggravated if onset occurs while serving in Field, CIOPS, HAA and prolonged afloat service and having been diagnosed as Type 2 diabetes mellitus who are required serve in these areas.

Diabetes secondary to chronic pancreatitis due to alcohol dependen