UNION OF INDIA & ORS. vs GP CAPT SANTOSH KUMAR TRIPATHI RETD

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5394/2025 & CM APPL. 24646/2025, CM APPL. 24647/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Jagdish Chandra, Adv. versus GP CAPT SANTOSH KUMAR TRIPATHI RETD .....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) % 28.04.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 18 March 2024 passed by the Armed Forces Tribunal1 in OA 2128/2019 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. 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 3. Nonetheless, we have heard Mr. Jagdish Chanra, learned 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 DM-II. From the record, including the proceedings of the Release Medical Board4, the following facts emerged: (i) The respondent had served