UNION OF INDIA & ORS. vs EX JWO NAGESHWAR TIWARI

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3933/2025, CM APPL. 18365/2025 & CM APPL. 18366/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Santosh Kumar Pandey, Adv. versus EX JWO NAGESHWAR TIWARI .....Respondent Through: Mr. Bijendra Kumar Pathak, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 23.04.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 27 September 2023 passed by the Armed Forces Tribunal1 in OA 1674/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II2 and Primary Hypertension with composite 40% 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 2 “DM-II”, hereinafter Signature Not Verified Signed By:SHILPI W.P.(C) 3933/2025 Page 1 of 8 Signing Date:26.04.2025 15:17:20 v Ex Sub Gawas Anil Madso3. 3. Nonetheless, we have heard Mr. Santosh Kumar Pandey, 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 and Primary Hypertension. 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 33 years and 1 day before he was diagnosed as suffering from DM-II and Primary Hypertension. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from DM-II and Primary Hypertension prior to joining the Air Force. The declaration reads thus: 2(a). Did you suffer from any disability before joining the armed forces? If so give details and dates: NO The correctness of