UNION OF INDIA & ORS. vs RAMA CHANDRA DHAL

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5124/2025, CM APPL. 23397/2025 & CM APPL. 23398/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Vineet Dhanda, CGSC with Mr. Vikrant N Goyal, SPC and Ms. Akansha Choudhary, Adv. versus RAMA CHANDRA DHAL .....Respondent Through: 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 9 February 2024 passed by the Armed Forces Tribunal1 in OA 328/2021 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 W.P.(C) 5124/2025 Page 1 of 7 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:26.04.2025 15:42:55 v Ex Sub Gawas Anil Madso3. 3. Nonetheless, we have heard Mr. Vineet Dhanda, 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 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 37 years and 5 months 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: 3. Did you suffer from any disability before joining the armed forces? If so give details and dates: NO