← Library
High Court of DelhiW.P.(C)/18678/2025

Union Of India & ORS. v. Sqn Ldr Amarjeet Singh

2025-12-09Hon'Ble Mr. Justice C.Hari Shankar,Hon'Ble Mr. Justice Om Prakash Shukla2 pages

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18678/2025, CM APPL. 77614/2025 & CM APPL. 77615/2025 UNION OF INDIA & ORS.

.....Petitioners Through:

Dr. B Ramaswamy, CGSC with Sgt Manish Kumar Singh.

versus SQN LDR AMARJEET SINGH .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 09.12.2025 C. HARI SHANKAR, J.

1.

This writ petition assails order dated 05 December 2024, passed by the Armed Forces Tribunal1 in OA 957/2018, whereby the respondent's prayer for disability pension has been allowed by the Tribunal.

2.

The ailment from which the respondent was suffering was Diabetes Mellitus-II which manifested 19 years after the petitioner had joined service.

3.

The Release Medical Board2 report reads thus: 1 "the Tribunal" hereinafter 2 "RMB" hereinafter W.P.(C) 18678/2025 Signed By:PREETI 18:32:15

"Diabetes Mellitus Type II @ 20 % as neither attributable to nor aggravated by Military service."

4.

It is acknowledged in the record of the RMB that the petitioner was not suffering from the said ailment at the time that he joined service.

5.

The RMB does not provide any reason as to why the ailment should not have been treated as attributable to service. 6.

Following the judgment of the Supreme Court in Dharamvir Singh v. Union of India3, Bijender Singh v. Union of India4, as well as our decision in Gawas Anil Madso v. Union of India5 and the position of the Co-ordinate Bench in Union of India v. Balbir Singh6, we dismiss this writ petition.

7.

Let compliance of the order of the Tribunal be effected within twelve weeks from today.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

DECEMBER 9, 2025/rjd 3 (2013) 7 SCC 316 4 2025 SCC OnLine SC 895 5 318 (2025) DLT 711 6 2025 SCC OnLine Del 7873 W.P.(C) 18678/2025 Signed By:PREETI 18:32:15