UNION OF INDIA AND ORS. vs EX. HAV. ASHOK KUMAR PANDEY

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5679/2025, CM APPL. 25939/2025 & CM APPL. 25940/2025 UNION OF INDIA AND ORS. .....Petitioners Through: Mr. Krishna Kumar Sharma, SPC with Mr. Pradeep Tiwari and Ms. Aishwarya Gogna, Advs. versus EX. HAV. ASHOK KUMAR PANDEY .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 01.05.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 13 April 2023 passed by the Armed Forces Tribunal1 in OA 932/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II with 20% disability 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 W.P.(C) 5679/2025 Page 1 of 9 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:03.05.2025 16:36:31 3. Nonetheless, we have heard Mr. Krishna Kumar Sharma, learned Senior Panel 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 Diabetes Mellitus Type-II. 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 22 years before he was diagnosed as suffering from Diabetes Mellitus Type-II. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Diabetes Mellitus Type-II prior to joining the Indian Army. The declaration reads thus: 4. Did you suffer from any disability mentioned in question 3 or anything like it before joining the Armed Forces? If so give details a