UNION OF INDIA & ORS. vs MAJ GEN LALIT KUMAR RAMPAL VSM (RETD.),

Judgment text excerpt

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10633/2025, CM APPLs. 44038/2025 & 44039/2025 UNION OF INDIA & ORS. .....Petitioner Through: Mr. Shashank Dixit, CGSC with Major Anish Muralidhar (Army) versus MAJ GEN LALIT KUMAR RAMPAL VSM (RETD.) .....Respondent Through: Mr. S.M. Dalal, Adv. 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 2 March 2023 passed by the Armed Forces Tribunal1 in OA 1189/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II with 20% disability, Hypertension with 30% disability and Dyslipidemia with 1-5% respectively under a broad term ‘Metabolic Syndrome’ and composite disability was assessed as 50% for life, have been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso2. 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 Signature Not Verified W.P.(C) 10633/2025 Digitally Signed By:AJIT Page 1 of 9 KUMAR Signing Date:25.07.2025 19:26:00 3. Nonetheless, we have heard Mr. Shashank Dixit, learned CGSC 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, Primary Hypertension and Dyslipidemia. 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 36 years before he was diagnosed as suffering from Diabetes Mellitus Type-II, Hypertension and Dyslipidemia. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Dia