UNION OF INDIA & ORS. vs COL RK CHAWLA (RETD.)

Judgment text excerpt

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10644/2025, CM APPLs. 44054/2025 & 44055/2025 UNION OF INDIA & ORS. .....Petitioner Through: Mr. Shashank Dixit, CGSC with Mr. Kunal Raj and Ms. Charu Khandelwal, Advocates with Major Anish Muralidhar versus COL RK CHAWLA (RETD.) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 24.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 5 July 2023 passed by the Armed Forces Tribunal1 in OA 413/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II with 20% disability and Primary Hypertension with 30% disability have been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso2. 1 “the AFT”, hereinafter 2 (2025) 318 DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 10644/2025 Page 1 of 9 KUMAR Signing Date:28.07.2025 12:28:39 3. Nonetheless, we have heard Mr. Shashank Dixit, 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 Diabetes Mellitus Type-II and Primary Hypertension. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Indian Army for over 33 years before he was diagnosed as suffering from Diabetes Mellitus Type-II and Primary Hypertension. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Diabetes Mellitus Type-II and Primary Hypertension prior to joining the Indian Army. The declaration reads thus: 3. Did you suffer from any disab