$~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 dependence and gestational diabetes should not be considered attributable to service." 16. Further, the Hon’ble Supreme Court also in the case of Commander Rakesh Pande Vs. Union of India & Ors. [Civil Appeal No. 5970 of 2019] decided on 28.11.2019, has upheld the decision of the Armed Forces Tribunal granting disability pension in respect of diabetes to the applicant. 17. In view of the aforesaid judicial pronouncements and the parameters referred to above, the applicant is held entitled for the disability element of pension in respect of both the disabilities i.e. Coronary Artery Disease (IWMI POST STK) @ 30% o for life and Type II Diabetes Mellitus @ 20% for life, compositely assessed @ 40% for life which is to be rounded off to 50% o for life from the date of retirement. 18. Therefore, the OA is allowed. The respondents are directed to grant the disability element of pension to the applicant @ 40% which is directed to be rounded off to 50% for life from the date of retirement in terms of the judicial pronouncement of the Hon'ble Supreme Court in the case of Union of India Vs. Ram Avtar (Civil Appeal No.418/2012) decided on 10.12.2014. 19. Accordingly, the respondents are directed to calculate, sanction and issue necessary PPO to the applicant within three months from the date of receipt of copy of this order, failing which, the applicant shall be entitled to interest @ 6% per annum till the date of payment.” 4. Mr Nishant Gautam, learned CGSC appearing for the petitioners states by referring to the opinion of the Release Medical Board (RMB) that the disability of Coronary Artery Disease and Diabetes Mellitus- Type II are neither attributable to nor aggravated by military service. The opinion of the RMB is reproduced as under:- 5. According to him, the RMB having given its conclusion, the Tribunal without adverting to medical report in respect of respondent, has by relying upon the decision of the Supreme Court in Dharamvir Singh v. Union of India & Ors, (2013) 7 SCC 316, allowed the OA in favour of the respondent, which is untenable. He submits that the Tribunal has not considered the fact that under the Entitlement Rules for Casualty Pensionary awards to the Armed Forces Personnel, 2008 (Entitlement Rules of 2008), the principle of attributable to or aggravated by military service has been done away with. 6. Having noted the submissions made by Mr. Gautam, it may be stated that this Court in the case of Union of India & Ors. v. 1481129 P Ex Hav Ram Kumar, 2026:DHC:197-DB has in paragraphs 9, 10 & 13, held as under:- “9. In W.P.(C) 88/2026 titled Union of India v. 781466 Ex. SGT Krishna Kumar Dwivedi, decided by this Bench on 06.01.2026, our attention was drawn to the authoritative judgments of the coordinate Benches of this Court passed in W.P.(C) 3545/2025 titled Union of India v. Ex. Sub Gawas Anil Madso, 2025: DHC: 2021-DB and W.P.(C) 140/2024 titled Union of India vs. Col. Balbir Singh (Retd.) and other connected matters, 2025: DHC: 5082-DB, which have conclusively held that even under 2008 Entitlement Rules, an officer who suffers from a disease at the time of his release and applies for disability pension within 15 years from release of service, is ordinarily entitled to disability pension and he does not have any onus to prove the said entitlement. The 2008 Entitlement Rules, however, contemplate that in the event the Medical Board concludes that the disease though contracted during the tenure of military service, was not attributable to or aggravated by military service, it would have to give cogent reasons and identify the cause, other than military service, to which the ailment or disability can be attributed. The judgments hold that a bald statement in the report would not be sufficient, for the military department for denying the claim of disability pension. The burden to prove the disentitlement therefore remains on the military department even under 2008 Entitlement Rules and the aforesaid judgments emphasize on the significance of the Medical Board giving specific reasons for denial of this beneficial provision. The judgments hold that the onus to prove a casual connection between the disability and military service is not on the officer but on the administration. 10. We for benefit also note that the Supreme Court in its recent opinion in the case of Bijender Singh vs. Union of India and Others, 2025 SCC OnLine SC 895, wherein at paragraphs 45.1, 46 and 47, the Supreme Court held as under: “45.1. Thus, this Court held that essence of the Rules is that a member of the armed forces is presumed to be in sound physical and mental condition at the time of his entry into the service if there is no note or record to the contrary made at the time of such entry. In the event of subsequent discharge from service on medical ground, any deterioration in health would be presumed to be due to military service. The burden would be on the employer to rebut the presumption that the disability suffered by the member was neither attributable to nor aggravated by military service. If the Medical Board is of the opinion that the disease suffered by the member could not have been detected at the time of entry into service, the Medical Board has to give reasons for saying so. This Court highlighted that the provision for payment of disability pension is a beneficial one which ought to be interpreted liberally. A soldier cannot be asked to prove that the disease was contracted by him on account of military service or was aggravated by the same. The very fact that upon proper physical and other tests, the member was found fit to serve in the army would give rise to a presumption that he was disease free at the time of his entry into service. For the employer to say that such a disease was neither attributable to nor aggravated by military service, the least that is required to be done is to furnish reasons for taking such a view. 46. Referring back to the impugned order dated 26.02.2016, we find that the Tribunal simply went by the remarks of the Invaliding Medical Board and Re-Survey Medical Boards to hold that since the disability of the appellant was less than 20%, he would not be entitled to the disability element of the disability pension. Tribunal did not examine the issue as to whether the disability was attributable to or aggravated by military service. In the instant case neither has it been mentioned by the Invaliding Medical Board nor by the Re-Survey Medical Boards that the disease for which the appellant was invalided out of service could not be detected at the time of entry into military service. As a matter of fact, the Invaliding Medical Board was quite categorical that no disability of the appellant existed before entering service. As would be evident from the aforesaid decisions of this Court, the law has by now crystalized that if there is no note or report of the Medical Board at the time of entry into service that the member suffered from any particular disease, the presumption would be that the member got afflicted by the said disease because of military service. Therefore the burden of proving that the disease is not attributable to or aggravated by military service rest entirely on the employer. Further, any disease or disability for which a member of the armed forces is invalided out of service would have to be assumed to be above 20% and attract grant of 50% disability pension. 47. Thus having regard to the discussions made above, we are of the considered view that the impugned orders of the Tribunal are wholly unsustainable in law. That being the position, impugned orders dated 22.01.2018 and 26.02.2016 are hereby set aside. Consequently, respondents are directed to grant the disability element of disability pension to the appellant at the rate of 50% with effect from 01.01.1996 onwards for life. The arrears shall carry interest at the rate of 6% per annum till payment. The above directions shall be carried out by the respondents within three months from today.” xxx xxx xxx 13. At this juncture it would be apposite to refer to the judgment of the coordinate Bench of this Court in Union of India v. Col. Balbir Singh (Retd.) (supra), wherein the Court emphasized on the significance of the Release Medical Board recording clear and cogent reasons for denying the entitlement of disability pension to the officer. The relevant paragraphs of the said judgment are as under: - “50. In this regard, it is further relevant to note the observations of the Supreme Court in the Rajumon T.M. v. Union of India &Ors., 2025 SCC OnLine SC 1064, the relevant portions of which reads as under: …… …… 25. We, therefore, hold that if any action is taken by the authority for the discharge of a serviceman and the serviceman is denied disability pension on the basis of a report of the Medical Board wherein no reasons have been disclosed for the opinion so given, such an action of the authority will be unsustainable in law.” 51. In view of the above, it is essential for the Medical Boards to record and specify the reasons for their opinion as to whether the disability is to be treated as attributable to or aggravated by military service, especially when the pensionary benefits of the Force personnel are at stake. ………. 53. Particularly in this milieu, it is of paramount importance that Medical Boards record clear and cogent reasons in support of their medical opinions. Such reasoning would not only enhance transparency but also assist the Competent Authority in adjudicating these matters with greater precision, ensuring that no prejudice is caused to either party. ……… 56. It must always be kept in view that the Armed Forces personnel, in defending this great nation from external threats, have to perform their duties in most harsh and inhuman weather and conditions, be it on far-flung corner of land, in terrains and atmosphere where limits of mans survival are tested, or in air or water, where again surviving each day is a challenge, away from the luxury of family life and comforts. It is, therefore, incumbent upon the RMB to furnish cogent and well-reasoned justification for their conclusions that the disease/disability suffered by the personnel cannot be said to be attributable to or aggravated by such service conditions. This onus is not discharged by the RMB by simply relying on when such disability/disease is noticed first. ……… 77. Thus, in view of the above, the RMB must not resort to a vague and stereotyped approach but should engage in a comprehensive, logical, and rational analysis of the service and medical records of the personnel, and must record well-reasoned findings while discharging the onus placed upon it.” (Emphasis Supplied) 7. Suffice to state, the RMB has not given the reasons to conclude that the disabilities of the respondent are neither attributable to nor aggravated by service. There is also no reasoning given by the RMB while concluding that the disabilities are attributable to lifestyle disorder. 8. One of the submissions of Mr Gautam is that onset of the disabilities was noted when the respondent was in peace area. The said submission does not appeal to us. The reason of the ‘peace station area’ has been examined and rejected by the Coordinate Benches in both Union of India v. Ex.Sub Gawas Anil Madso, 2025:DHC:2021-DB and Union of India v. Col. Balbir Singh (Retd) & Other connection matters, 2025:DHC:5082-DB to hold that this is not a valid ground to deny the causal connection of military service and the disease. So also, recording of ‘lifestyle related disease’ has been found to be insufficient and not a valid ground for denying causal connection. 9. In view of the aforesaid position of law, and also the fact that there is absence of reasons in the opinion of the RMB, we are of the view that the Tribunal is justified to conclude that respondent is entitled to the grant of disability element of pension. Hence, this petition being devoid of any merit is dismissed. The pending applications are also dismissed as having become infructuous. V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J JANUARY 22, 2026 M W.P.(C) 18095/2025 Page 1 of 10