UNION OF INDIA AND ORS vs EX MWO HFO BHARAT TIWARI

Judgment text excerpt

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3966/2025, CM APPL. 18451/2025 & CM APPL. 18452/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Ankit Raj, SPC with Mr. Vikram Kumar, Mr. Ali Mohammed Khan and Ms. Insha, Advs. versus EX MWO HFO BHARAT TIWARI .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT(ORAL) % 01.04.2025 C. HARI SHANKAR, J. 1. The respondent joined the Indian Air Force 1 on 27 November 1978. 13 years after he had joined service, he was diagnosed, on March 1991, as suffering from Diabetes Mellitus Type II 2 and on February 2010 as suffering from Anaemia (Microcytic Hypochromic). He was, therefore, placed in Low Medical Category A4 G2(P). He was discharged from the Air Force Service on 31 July 2016, on 1 “IAF” hereinafter W.P.(C) 3966/2025 Page 1 of 10 Signature Not Verified Signed By:SHILPI Signing Date:08.04.2025 11:28:20 attaining superannuation, after serving the IAF for over 38 years. 2. The Release Medical Board 3, which assessed the respondent on 1 September 2015, found him suffering from DM Type II and Anaemia (Microcytic Hypocromic). However, as the degree of Anaemia was less than 20%, the respondent sought disability pension on the basis of DM Type II which was certified at 20%. The following features of the report of the RMB are significant: (i) In the Personal Statement provided by the officer, which is not doubted or disputed by the respondent, he has specifically stated that he did not suffer from any disability before joining the armed forces. (ii) In the statement of the Commanding Officer, contained in Part-III of the RMB Report, it is acknowledged that the respondent was in low medical category for 22 years prior to the report. No doubt, the statement also