UNION OF INDIA & ORS. vs EX SGT KUNAL PALIT

Judgment text excerpt

$~127 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10025/2025, CM APPL. 41702/2025 & CM APPL. 41703/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Syed Abdul Haseeb, CGSC. versus EX SGT KUNAL PALIT .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 16.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 24 May 2023 passed by the Armed Forces Tribunal1 in OA 331/2020 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus-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. 3. Nonetheless, we have heard Mr. Syed Abdul Haseeb, learned 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter 3 (2013) 7 SCC 316 4 2025 SCC OnLine Del 2018 Signature Not Verified Signed By:AAKANSHA W.P.(C) 10025/2025 Page 1 of 7 SHARMA Signing Date:17.07.2025 19:41:45 Central Government Standing Counsel 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 Air Force over 20 years and 15 days before he was diagnosed as suffering from DM-II. (ii) The reason regarding the DM-II suffered by the respondent has not been attributable to military service, as entered by the RMB reads thus: “TYPE II DIABETES MELLITUS E 11: Life Style Disease, Onset of disability while in peace. No delay in diagnosis & treatment of individual, No close time connection with HAA. CIOPS/Fi