The High Court dismissed a writ petition challenging an Armed Forces Tribunal order granting disability pension benefits for diabetes and hypertension, holding that the Tribunal correctly applied precedents on disease attributability.
The writ petition was dismissed, upholding the Tribunal's order granting disability pension benefits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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UNION OF INDIA & ORS.
.....Petitioners
Through: Mr. Akash Chatterjee, SPC.
versus
CAPT (TS) R K SABHERWAL (RETD)
.....Respondent Through: Mr. Shakti Chand Jaidwal and Mr. Akshat Singh, Advs.
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R % 05.01.2026
CM APPL. 40/2026 (Exemption)
W.P.(C) 25/2026, CM APPL. 39/2026
“12. The issue of attributability of disease is no longer res integra in view of the verdict of the Hon'ble Apex
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Court in Dharamvir Singh v. Union of India (supra), wherein it is clearly spelt out that any disease contracted during service is presumed to be attributable to military service, if there is no record of any ailment at the time of enrollment into the military Service.
13. Furthermore, the issue regarding the attributability of Diabetes Mellitus has been settled by the Hon'ble Supreme Court in Commander Rakesh Pande v. Union of India (Civil Appeal No. 5970 of 2019) wherein the Apex Court has not only held that the Diabetes Mellitus is a disease which is of permanent nature and will entitle the applicant to disability pension, but also observed that in case where the disability is of permanent nature, the disability assessed by the Medical Board shall be treated for life and cannot be restricted for specific period.
14. Regarding broadbanding benefits, we find that the Hon'ble Supreme Court in its order dated 10.12.2014 in Union of India v. Ram Avtar, Civil Appeal No. 418 of 20 1 2 and connected cases, has observed that individuals similarly placed as the applicant are entitled to rounding off the disability element of pension. We also find that the Government of India vide its Letter No. F.No.3(11)2010-D (Pen/Legal) Pt V, Ministry of Defence dated 18th April 2016 has issued instructions for implementation of the Hon'ble Supreme Court order dated 10.12.2014 (supra).
15. Applying the above parameters to the case at hand, we are of the view that the applicant has been discharged from service In low medical category on account of medical disease/ disability, the disability must be presumed to have arisen in the course of service which must, in the absence of any reason recorded by the Medical Board, or the applicant being overweight, be presumed to have been attributable to or aggravated by Naval service.
16. Therefore, in view of our analysis, the OA is partly
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allowed and respondents are directed to grant benefit of disability element of pension compositely assessed @ 44% for life (for DIABETES MELLITUS Type II @ 20% and PRJMARY HYPERTENSION @ 30% for life), rounded off to 50% In view of judgement of Hon'ble Apex Court m Union of India. v. Ram Avtar (supra). However, the arrears shall be restricted to three years from prior to the date of filing of this OA which is 20.12.2022. The arrears shall be disbursed to the applicant within four months of receipt of this order failing which it shall earn interest @6% p.a. till the actual date of payment.
17. Consequently, the OA 3046/ZOZZ is partly allowed.
18. No order as to costs.
19. Pending miscellaneous applications, if any, stands closed.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/01/2026 at 12:18:25
V. KAMESWAR RAO, J
MANMEET PRITAM SINGH ARORA, J
JANUARY 5, 2026 /sr
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/01/2026 at 12:18:25
2 issues framed by the court
Whether the Armed Forces Tribunal erred in attributing diabetes and hypertension to military service for pension benefits.
Whether the Tribunal correctly applied Supreme Court precedents regarding disease attributability in service.
Colour shows how this judgement treated each authority
Dharamvir Singh v. Union of India & Ors.Followed¶34
Dharamvir Singh v. Union of India & Ors., 2013 (7) SCC 361 · Who else cites this
Commander Rakesh Pande v. Union of IndiaReferred
Commander Rakesh Pande v. Union of India (Civil Appeal No. 5970 of 2019)
Union of India v. Ram AvtarReferred
Union of India v. Ram Avtar, Civil Appeal No. 418 of 2012
UNION OF INDIA & ORS.
CAPT (TS) R K SABHERWAL (RETD)
V. KAMESWAR RAO
MANMEET PRITAM SINGH ARORA
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
