UNION OF INDIA & ORS. vs EX MWO KRISHAN KUMAR SHARMA

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10301/2025 and CM APPL. 42721/2025 and 42722/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Syed Abdul Haseeb, CGSC with Mr. Manish Kumar Singh and Mr. Mritunjay (Air Force Legal Cell) versus EX MWO KRISHAN KUMAR SHARMA .....Respondent Through: Mr. Praveen Kumar, Advocate 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 orders dated 1 November 2023 and 19 April 2024 passed by the Armed Forces Tribunal1 in OA 1251/2021 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Pituitary Macroadenoma (Gonadotropinoma) assessed at 20% for life, 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 1 “the AFT”, hereinafter Signature Not Verified W.P.(C) 10301/2025 Digitally Signed By:AJIT Page 1 of 7 KUMAR Signing Date:05.08.2025 17:33:31 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Syed Abdul Haseeb, learned CGSC 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 Pituitary Macroadenoma. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Air Force for over 39 years before he was diagnosed as suffering from Pituitary Macroadenoma. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Pituitary Macroadenoma prior to joining the Indian Air Force. The declaration reads thus: 3. Did you suffer from any disability before joining the Armed Forces? If so