UNION OF INDIA & ORS. vs EX NK P MADURAI VEERAN

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18227/2025, CM APPLs. 75336/2025 & 75337/2025 UNION OF INDIA & ORS. .....Petitioner Through: Mr. Ranjeev Khatana, Sr. PC with Ms. Muskan Khatana, Adv. for UOI with Major Anish Muralidhar versus EX NK P MADURAI VEERAN .....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 20 November 2023 passed by the Armed Forces Tribunal1 in OA 32/2018 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II2 with 20% disability, rounded off to 50%, lifelong, 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. Ranjeev Khatana, learned SPC for the petitioners, and have perused the record. 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter 3 318 (2025) DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 18227/2025 Page 1 of 8 KUMAR Signing Date:03.12.2025 20:02:47 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 Army for over 15 years and 7 months 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 Indian Army. 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 doubted