Sanjay Kumar vs Union of India on 26 October 2026

ORDER

The applicant was discharged on completion of terms of engagement on 31.12.2021. He was in a permanent low medical category on account of disabilities of (a) ‘Type-2 Diabetes Mellitus’, the extent of which was assessed to be 20% for life but neither attributable to nor aggravated by military service and (b) 'Primary Hypertension’, the extent of which was assessed to be 30% for life but neither attributable to nor aggravated by military service. Claim for grant of disability element was rejected because both disabilities were assessed to be neither attributable to nor aggravated by military service.

Learned counsel for the applicant has relied upon judgment dated 01.07.2025 passed by the Division Bench of the Delhi High Court in WP(C) 140/2024 & connected matters, Union of India and Ors V/s Col Balbir Singh (Retired), to submit that disability (a) could not have been assessed to be neither attributable to nor aggravated by military service and upon judgment dated 06.12.2024 passed by this Regional Bench Chandigarh in OA No. 861 of 2022 titled Ex. MWO Bhupinder Singh Versus Union of India and Others, for making the same submission.

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Notice.

Mr. Jagjot Singh Lalli, Deputy Solicitor General of India accepts notice on behalf of respondents and waives service and seeks time to file reply.

Adjourned to 14.04.2027.

(Lt Gen (Dr) Ranbir Singh)

(Justice Sudhir Mittal) Member (A)

Member (J)

26th Oct, 2026 ‘b’