UNION OF INDIA ORS vs HFO JAI KUMAR GIRI RETD

Judgment text excerpt

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18132/2025 & CM APPL. 75024/2025, CM APPL. 75025/2025 UNION OF INDIA ORS .....Petitioners Through: Ms. Archana Sharma, SPC along with Mr. Akshit Bajaj, Adv. for UOI with Sgt. Mrityunjay and Sgt. Manish Kumar Singh, Legal Cell (Air Force) versus HFO JAI KUMAR GIRI RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 01.12.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 6 November 2023 passed by the Armed Forces Tribunal1 in OA 827/2019 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. 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter 3 318 (2025) DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 18132/2025 Page 1 of 8 KUMAR Signing Date:03.12.2025 20:02:47 3. Nonetheless, we have heard Ms. Archana Sharma, learned SPC 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 37 years and 2 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 Air Force. The declaration reads thus: 3. Did you suffer from any disability before joining the armed forces?: NO The correctness of this