UNION OF INDIA & ORS. vs EX SGT KUNAL PALIT

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 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 y