UNION OF INDIA AND ORS vs EX JWO VINAY RATHEE

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5673/2025, CM APPL. 25931/2025 & CM APPL. 25932/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. N K Aggarwal, SPC with Ms. Sanjana Antil, Adv. versus EX JWO VINAY RATHEE .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 02.05.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 27 July 2023 passed by the Armed Forces Tribunal1 in OA 1590/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Coronary Artery Disease2 (Post CABG) and Diabetes Mellitus Type-II3 with 50% disability has been allowed by the AFT relying on the judgment of the Supreme Court in Dharamvir Singh v UOI4. 2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso5. 1 “the AFT”, hereinafter 2 “CAD”, hereinafter 3 “DM-II”, hereinafter 4 (2013) 7 SCC 316 5 2025 SCC OnLine Del 2018 Signature Not Verified Signed By:AAKANSHA W.P.(C) 5673/2025 Page 1 of 8 SHARMA Signing Date:14.05.2025 15:23:44 3. Nonetheless, we have heard Mr. N K Aggarwal, 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 CAD and DM-II. From the record, including the proceedings of the Release Medical Board6, the following facts emerged: (i) The respondent had served in the Indian Air Force for over 37 years 8 months before he was diagnosed as suffering from CAD and DM-II. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from CAD and DM-II prior to joining the Air Force. The declaration reads thus: 2. (a.) Did the disability exist before