UNION OF INDIA AND ORS vs EX LME CHANDAN KUMAR RAI (211862F)

Judgment text excerpt

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5645/2025, CM APPL. 25705/2025, CM APPL. 25706/2025 & CM APPL. 25707/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Rakesh Kumar, CGSC with Mr. Sunil, Adv. versus EX LME CHANDAN KUMAR RAI (211862F) ....Respondent Through: Mr. Ved Prakash, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 30.04.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 1 November 2023 passed by the Armed Forces Tribunal1 in OA 1842/2020 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Seizure Disorder with 20% disability have been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI 1 “the AFT”, hereinafter Signature Not Verified Signed By:AAKANSHA W.P.(C) 5645/2025 Page 1 of 9 SHARMA Signing Date:02.05.2025 11:38:36 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Rakesh Kumar, learned Central Government Standing Counsel for the petitioner, and have perused the record. 4. The respondent was released in Low Medical Category on his being found to be suffering from Seizure Disorder. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Indian Navy for over 14 years and 6 months before he was diagnosed as suffering from Seizure Disorder. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Seizure Disorder prior to joining the Navy. The declaration reads thus: 2. Did you suffer from any disability before joining the Armed Forces? If so give details and dates: NO N/A The correctness of this declaration is not doubted either by the RMB or b