UNION OF INDIA & ORS. vs EX JWO GANPAT RAI SAXENA

Judgment text excerpt

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10661/2025, CM APPL. 44109/2025 & CM APPL. 44110/2025 UNION OF INDIA & ORS. .....Petitioners Through: Ms. Shivani Luthra Lohiya, SPC versus EX JWO GANPAT RAI SAXENA .....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 April 2024 passed by the Armed Forces Tribunal1 in OA 1940/2019 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 Coronary Artery Disease with 20% disability have been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI 1 “the AFT”, hereinafter W.P.(C) 10661/2025 Page 1 of 9 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:25.07.2025 19:26:00 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Ms. Shivani Luthra Lohiya, learned Senior Panel Counsel for the petitioner, and have perused the record. 4. The respondent was released in Low Medical Category on his being found to be suffering from Diabetes Mellitus and Coronary Artery Disease. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Indian Air Force for over 37 years before he was diagnosed as suffering from Diabetes Mellitus and Coronary Artery Disease. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Diabetes Mellitus and Coronary Artery Disease prior to joining the Indian Air Force. The declaration reads thus: 3. Did you suffer from any disability mentioned in question 2 or anything like it before joining