UNION OF INDIA & ORS. vs NO.4192313K EX NK KUNDAN SINGH

Judgment text excerpt

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10427/2025, CM APPL. 43297/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Satya Ranjan Swain, Sr. PC with Major Anish Muralidhar Army versus NO.4192313K EX NK KUNDAN SINGH .....Respondent Through: 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 29 February 2024 passed by the Armed Forces Tribunal1 in OA 2094/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Acute Myocardial Infarction with 30% disability has been allowed by the AFT. 2. The issue is covered by a recent decision rendered by one of us (C. Hari Shankar J.) in Ex Sub Gawas Anil Madso. 3. Nonetheless, we have heard Mr. Satya Ranjan Swain, learned SPC for the petitioners, and have perused the record. 1 “the AFT”, hereinafter Signature Not Verified W.P.(C) 10427/2025 Digitally Signed By:AJIT Page 1 of 10 KUMAR Signing Date:24.07.2025 17:00:01 4. The respondent was released in Low Medical Category on his being found to be suffering from Acute Myocardial Infarction. From the record, including the proceedings of the Release Medical Board2, the following facts emerged: (i) The respondent had served in the Indian Army for over 18 years before he was diagnosed as suffering from Acute Myocardial Infarction. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Acute Myocardial Infarction prior to joining the Indian Army. The declaration reads thus: 2. Did the disability exist before entering service? (Y/N/ could Be): NO The correctness of this declaration is not doubted either by the RMB or by the petitioner before the AFT or be