UNION OF INDIA & ORS. vs EX SGT UPENDRA KUMAR BHARTI

Judgment text excerpt

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9717/2025, CM APPL. 40732/2025 & CM APPL. 40733/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Jivesh Kumar Tiwari, SPC with Ms. Samiksha, Adv. Sgt. Manish Kumar Singh and Sgt. Mritunjay versus EX SGT UPENDRA KUMAR BHARTI .....Respondent Through: Mr. Praveen Kumar, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 14.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 17 October 2024 passed by the Armed Forces Tribunal1 in OA 490/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Generalized Seizures (Old) with 20% disability have been allowed by the AFT. 1 “the AFT”, hereinafter W.P.(C) 9717/2025 Page 1 of 9 Signature Not Verified Signed By:AAKANSHA SHARMA Signing Date:15.07.2025 17:36:22 2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Jivesh Kumar Tiwari, 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 Generalized Seizures. 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 19 years before he was diagnosed as suffering from Generalized Seizures. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Generalized Seizures prior to joining the Indian Air Force. The declaration reads thus: 3. Did you suffer from any disability before joining the Armed Forces? If so give details and dates: NO The correctness of this declaratio