UNION OF INDIA AND ORS vs HAV KEDAR KIRANKUMAR UDHAV(RETD)

Judgment text excerpt

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7597/2024 and CM APPL. 31559/2024 UNION OF INDIA AND ORS .....Petitioners Through: Mr. N.K. Aggarwal, SPC with Ms. Sanjana Antil, Advocate versus HAV KEDAR KIRANKUMAR UDHAV (RETD) ....Respondent Through: Mr Manoj Kumar Gupta and Ms Devangana Sharma, Advocates CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 04.08.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 21 July 2023 passed by the Armed Forces Tribunal1 in OA 961/2020 whereby the respondent’s application for grant of disability pension on the ground that he suffers from CNS (INV) Seizure Disorder with 20% disability for life, rounded off to 50% for life, have been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI 1 “the AFT”, hereinafter W.P.(C) 7597/2024 Page 1 of 9 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:06.08.2025 11:00:28 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. N.K. Aggarwal, SPC 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 CNS (INV) Seizure Disorder. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Indian Army for over 15 years 6 months and 22 days before he was diagnosed as suffering from CNS (INV) Seizure Disorder. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from CNS (INV) Seizure Disorder prior to joining the Indian Army. The declaration reads thus: 4. Did you suffer from any disability mentioned in question 2 or anything like it before joining the Armed Forces?