UNION OF INDIA & ORS. vs EX LNK ANAND BALLABH

Judgment text excerpt

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12744/2025, CM APPLs. 52092/2025 & 52093/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Kunal Rawat, SPC with Major Anish Muralidhar and Captain Carolin Johnson versus EX LNK ANAND BALLABH .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 22.08.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 03 May 2023 passed by the Armed Forces Tribunal1 in OA 1102/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Generalised Tonic Clonic Seizure with 20% disability rounded off to 50% for life with effect from the date of his discharge has been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI W.P.(C) 12744/2025 Page 1 of 9 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:25.08.2025 18:37:39 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Kunal Rawat, 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 Generalised Tonic Clonic Seizure. 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 16 years before he was diagnosed as suffering from Generalised Tonic Clonic Seizure. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Generalised Tonic Clonic Seizure 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? If so, give details