UNION OF INDIA SECRETARY, MINISTRY OF DEFENCE SOUTH BLOCK, NEW DELHI & ORS. vs EX SGT CHANDAN KUMAR SINGH

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5022/2025, CM APPL. 23084/2025 & CM APPL. 23085/2025 UNION OF INDIA SECRETARY, MINISTRY OF DEFENCE SOUTH BLOCK, NEW DELHI & ORS. .....Petitioners Through: Mr. Padmesh Mishra and Mr. Aditya, Advs. Mr. Ajay Jain, Sr. Panel Counsel, Mr. Krishna Sharma, Ms. Vijay Lakshmi, Mr. Manoj Gautam, Mr. Kunaal Sharma, Mr. Akul Singh Chalia, Mr. R.C. Bansal, Mr. M.N. Mishra and Mr. Harshit Batra, Advs. for UOI. versus EX SGT CHANDAN KUMAR SINGH .....Respondent Through: Mr. Ankur Chhibber, Mr. Nikunj Arora and Mr. V.S. Kadian, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT(ORAL) % 22.04.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 22 April 2024 passed by the Armed Forces Tribunal1 in OA 512/2019 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 relying 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter W.P.(C) 5022/2025 Signature Not Verified Page 1 of 6 Signed By:SHILPI Signing Date:26.04.2025 15:17:20 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. 3. Nonetheless, we have heard Mr. Aditya, 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. From the record, including the proceedings of the Release Medical Board5, the following facts emerged: (i) The respondent had served in the Indian Air Force for over 20 years before he was diagnosed as suffering from DM-II. (ii) The respondent, in his self-declaration, specifically declared that he had no