UNION OF INDIA THROUGH SECRETARY & ANR. vs 617797 HFO MWO RAJ BHANU SINGH MTD RETD.

Judgment text excerpt

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5443/2025 & CM APPL. 24767/2025, CM APPL. 24768/2025 UNION OF INDIA THROUGH SECRETARY & ANR. .....Petitioners Through: Mr. Himanshu Pathak, SPC with Mr. Amit Singh, Adv. versus 617797 HFO MWO RAJ BHANU SINGH MTD RETD. .....Respondent Through: 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 1136/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II2 and Primary Hypertension 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) 5443/2025 Page 1 of 8 KUMAR Signing Date:30.04.2025 17:57:45 3. Nonetheless, we have heard Mr. Himanshu Pathak , 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 38 years 3 months before he was diagnosed as suffering from DM-II and 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 the disability exist before entering service? (Y/N/could be): NO The correctness of this declaration is n