UNION OF INDIA & ORS. vs IC 43586P COL SANJAY SINGH (RETD)

Judgment text excerpt

$~109 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10474/2025 & CM APPL. 43517/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Satya Ranjan Swain, CGSPC Major Anish Muralidhar, Army versus IC 43586P COL SANJAY SINGH (RETD) .....Respondent Through: Mr. Virender Singh Kadian, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 22.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 17 October 2024 passed by the Armed Forces Tribunal1 in OA 359/2019 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. 1 “the AFT”, hereinafter W.P.(C) 10474/2025 Page 1 of 10 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:24.07.2025 15:17:16 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. Satya Ranjan Swain, CGSPC 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 31 years and 7 months 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: 4. Did you suffer from any disability mentioned in que