UNION OF INDIA & ORS. vs WG CDR KAMESHWAR PRASAD MISHRA RETD

Judgment text excerpt

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3447/2025 UNION OF INDIA & ORS. .....Petitioners Through: Dr. Vijendra Singh Mahndiyan CGSC versus WG CDR KAMESHWAR PRASAD MISHRA RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 07.08.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 16 May 2024 passed by the Armed Forces Tribunal1 in OA 2347/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type II with 20% disability, 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) 3447/2025 Page 1 of 9 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:08.08.2025 16:15:38 v Ex Sub Gawas Anil Madso2. 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 Diabetes Mellitus Type II. 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 37 years before he was diagnosed as suffering from Diabetes Mellitus Type-II. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Diabetes Mellitus Type-II prior to joining the Air Force. The declaration reads thus: 4. Did you suffer from any disability 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 petitioner before the AFT or before this C