UNION OF INDIA ORS & ORS. vs EX SEP KARTAR SINGH NO 10495550W

Judgment text excerpt

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11227/2025, CM APPLs. 46174/2025 & 46175/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Piyush Gupta, CGSC with Mr. Atishay Jain, Ms. Khyati, Mr. Prateek Kapur, Mr. Vikas Bajaj and Ms. Arushi, Advs. for UOI with Major Anish Muralidhar (Army) versus EX SEP KARTAR SINGH NO 10495550W .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 31.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 24 August 2023 passed by the Armed Forces Tribunal1 in OA 284/2023 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II2 has been allowed by the AFT relying on the judgment of the Supreme Court in Dharamvir Singh v UOI3. 2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso4. 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter 3 (2013) 7 SCC 316 4 2025 SCC OnLine Del 2018 Signature Not Verified W.P.(C) 11227/2025 Digitally Signed By:AJIT Page 1 of 8 KUMAR Signing Date:01.08.2025 18:18:55 3. Nonetheless, we have heard Mr. Piyush Gupta, 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 DM-II. From the record, including the proceedings of the Release Medical Board5, the following facts emerged: (i) The respondent had served in the Indian Army for over 14 years and 240 days 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: 2. (a.) Did you suffer from any disab