UNION OF INDIA & ORS. vs 781296 EX SGT LALAN PRASAD

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18279/2025 & CM APPLs. 75623/2025 & 75624/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Piyush Beriwal, SPC for UOI with Sgt. Manish Kumar Singh and Sgt. Mritunjay (Legal Cell) Air Force versus 781296 EX SGT LALAN PRASAD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 02.12.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 17 October 2024 passed by the Armed Forces Tribunal1 in OA 867/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II2 with 20% disability, lifelong rounded off to 50% 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 Madso3. 3. Nonetheless, we have heard Mr. Piyush Beriwal, learned SPC 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter 3 2025 SCC OnLine Del 2018 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 18279/2025 Page 1 of 8 KUMAR Signing Date:05.12.2025 11:36:33 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 DM-II. From the record, including the proceedings of the Release Medical Board4, the following facts emerged: (i) The respondent had served in the Indian Air Force for over 19 years before he was diagnosed as suffering from DM-II. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from DM-II prior to joining the Air Force. The declaration reads thus: 3. 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