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

Judgment text excerpt

$~89 * 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 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 5394/2025 Page 1 of 8 KUMAR Signing Date:30.04.2025 17:57:45 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 in the Indian Air Force for over 25 years and 4 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: 3. Did you suffer from any disability before joining the armed forces? If so give details and dates: NO The correctness of this declaration is not doubted either by the RMB or by the petitioner before