UNION OF INDIA AND ORS. vs EX JWO NARRA KOTESHWAR REDDY

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5236/2025 & CM APPL. 23835/2025 & CM APPL. 23836/2025 UNION OF INDIA AND ORS. .....Petitioners Through: Ms. Shubhra Parashar and Ms. Virender Pratap Singh Charak, Advs. versus EX JWO NARRA KOTESHWAR REDDY .....Respondent Through: Ms. Deepika Sheoran and Mr. Baljeet Singh, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 24.04.2025 C.HARI SHANKAR, J. 1. This petition assails order dated 28 April 2023 passed by the Armed Forces Tribunal1 in OA 2423/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II2 with composite 20% disability have been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso3. 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter 3 2025 SCC OnLine Del 2018 W.P.(C) 5236/2025 Page 1 of 6 Signature Not Verified Signed By:SHILPI Signing Date:26.04.2025 15:42:02 3. Nonetheless, we have heard Ms. Shubhra Parashar, learned Counsel for the petitioners, and have perused the record. 4. The respondent was released in Low Medical Category on his being found to be suffering from DM-II. From the record, including the proceedings of the Release Medical Board4, the following facts emerged: (i) The respondent had served in the Indian Air Force for over 20 years and 14 days before being diagnosed as suffering from DM-II. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from DM-II prior to joining the Air Force. The declaration reads thus: 3. Did you suffer from any disability before joining the armed forces? If so give details and dates: NIL The correctness of this declaration is not