UNION OF INDIA & ORS. vs GP CAPT PRAVIN ARORA (RETD.)

Judgment text excerpt

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16791/2024 & CM APPL. 71059/2024 UNION OF INDIA & ORS. .....Petitioners Through: Dr. Vijendra Singh Mahndiyan, CGSC with Sgt Manish Kumar Singh and Sgt Mritunjay (Air Force Legal Cell) for UOI versus GP CAPT PRAVIN ARORA (RETD.) .....Respondent Through: Ms. Deepika Sheoran, Mr. Baljeet Singh and Mr. Abhishek Gahlyan, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 19.08.2025 C.HARI SHANKAR, J. 1. This petition assails order dated 19 July 2023 passed by the Armed Forces Tribunal1 in OA 1848/2021 whereby the respondent’s application for grant of disability pension on the ground that he suffers from ACL Tear Rt Knee (Old) with 20% disability, 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. 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 Signature Not Verified W.P.(C) 16791/2024 Digitally Signed By:AJIT Page 1 of 7 KUMAR Signing Date:21.08.2025 14:36:59 3. Nonetheless, we have heard Dr. Vijendra Singh Mahndiyan, 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 ACL Tear Rt Knee (Old). From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Indian Air Force for over 30 years and 1 month before he was diagnosed as suffering from ACL Tear Rt Knee (Old). (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from ACL Tear Rt Knee (Old) prior to joining the Indian Air Force. The declaration reads thus: 2 (a). Did you suffer from any disability before joinin