UNION OF INDIA & ORS. vs JC- 450695X EX SUB YADAV NARENDRA KUMAR RAMSUMER

Judgment text excerpt

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18173/2025 & CM APPL. 75168/2025, CM APPL. 75169/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Atul Krishna, SPC with Major Anish Muralidhar, Army versus JC- 450695X EX SUB YADAV NARENDRA KUMAR RAMSUMER .....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 15 April 2024 passed by the Armed Forces Tribunal1 in OA 1367/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from CAD AWMI2 with 30% which is rounded off to 50% 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 Madso3. 1 “the AFT”, hereinafter 2 Coronary Artery Disease 3 318 (2025) DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 18173/2025 Page 1 of 9 KUMAR Signing Date:03.12.2025 15:50:58 3. Nonetheless, we have heard Mr. Atul Krishna, 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 CAD. From the record, including the proceedings of the Release Medical Board4, the following facts emerged: (i) The respondent had served in the Army for over 30 years and 5 days before he was diagnosed as suffering from CAD. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from CAD prior to joining the Army. The declaration reads thus: 4. Did you suffer from any disability mentioned in question 3 or anything like it before joining the Armed Forces? If so give details and dates: No The correctness of this declaration is not doubted e