UNION OF INDIA & ORS. vs SERVICE NO 785407 EX SGT RAJESH KUMAR (EX SM)

Judgment text excerpt

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9470/2025, CM APPL. 39981/2025 & CM APPL. 39982/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Jagdish Chandra, CGSC with Mr. Shubham Kumar Mishra and Mr. Sujeet, Advs. along with Mr. Mrityunjay, IAF. versus SERVICE NO 785407 EX SGT RAJESH KUMAR (EX SM) .....Respondent Through: Mr. Arvind Kumar, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 10.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 15 January 2024 passed by the Armed Forces Tribunal1 in OA 94/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-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. 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter 3 (2013) 7 SCC 316 4 2025 SCC OnLine Del 2018 Signature Not Verified Signed By:AAKANSHA W.P.(C) 9470/2025 Page 1 of 8 SHARMA Signing Date:15.07.2025 11:01:14 3. Nonetheless, we have heard Mr. Jagdish Chandra, learned Central Government Standing Counsel 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 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 for over 20 years before he was diagnosed as suffering from DM-II. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from DM-II prior to joining the Air Force. The declaration reads thus: 3. Did you suffer from any di