UNION OF INDIA & ORS. vs COL(TS) ANIL KUMAR JAIN RETD NO.IC-46555A

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5482/2025, CM APPLs. 25012/2025 & 25013/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Farman Ali, Sr. PC with Ms. Usha Jamnal, Adv. for UOI with Major Anish Muralidhar (Army) versus COL(TS) ANIL KUMAR JAIN RETD NO.IC-46555A .....Respondent Through: Mr. Ved Prakash, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 29.04.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 12 October 2023 passed by the Armed Forces Tribunal1 in OA 1345/2020 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II2 has been allowed by the AFT relying on the judgment of the Supreme Court in Dharamvir Singh v UOI3. 2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso4. 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter 3 (2013) 7 SCC 316 4 2025 SCC OnLine Del 2018 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 5482/2025 Page 1 of 8 KUMAR Signing Date:01.05.2025 21:09:10 3. Nonetheless, we have heard Mr. Farman Ali, learned Senior Panel 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 Board5, the following facts emerged: (i) The respondent had served in the Indian Army for over 30 years and 5 months before he was 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: 2. (a.) Did you suffer from any disability before joining the Ar