UNION OF INDIA AND ORS vs JAY SHANKER PRASAD RETD

Judgment text excerpt

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11983/2025, CM APPL. 48854/2025 & CM APPL. 48855/2025 UNION OF INDIA AND ORS .....Petitioners Through: Dr. Vijendra Singh Mahndiyan, CGSC versus JAY SHANKER PRASAD RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 08.08.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 8 April 2024 passed by the Armed Forces Tribunal1 in OA 814/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Seizure Disorder with 20% disability rounded off to 50% for life, 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 Madso2. 3. Nonetheless, we have heard Dr. Vijendra Singh Mahndiyan, 1 “the AFT”, hereinafter W.P.(C) 11983/2025 Page 1 of 8 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:12.08.2025 15:14:43 learned CGSC 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 Seizure Disorder. From the record, including the proceedings of the Release Medical Board3, the following facts emerge: (i) The respondent had served in the Indian Navy for over 15 years before he was diagnosed as suffering from Seizure Disorder. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Seizure Disorder prior to joining the Indian Navy. The declaration reads thus: 3. Did you suffer from any disability mentioned in Question 2 or anything like it 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 petiti