UNION OF INDIA AND OTHERS vs EX L/NK BIJENDER SINGH

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7742/2025, CM APPL. 34325/2025 & CM APPL. 34326/2025 UNION OF INDIA AND OTHERS .....Petitioners Through: Ms. Nidhi Mohan Parashar, Senior Panel Counsel and Mr. Amar Bajpayee, Adv. Major Anish Muralidhar, Army. Versus EX L/NK BIJENDER SINGH .....Respondent Through: Mr. S. M. Dalal, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 29.05.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 27 April 2023 passed by the Armed Forces Tribunal1 in OA 1177/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Acute Ischemic Stroke RT MCA Territory with 75% 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) 7742/2025 Signature Not Verified Page 1 of 9 Digitally Signed By:AJIT KUMAR Signing Date:30.05.2025 17:45:14 3. Nonetheless, we have heard Ms. Nidhi Mohan Parashar, learned Senior Panel Counsel for the petitioner, and have perused the record. 4. The respondent was released in Low Medical Category on his being found to be suffering from Acute Ischemic Stroke RT MCA. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Indian Army (Armoured Corps) for over 9 years 6 months and 7 days before he was diagnosed as suffering from Acute Ischemic Stroke RT MCA. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Acute Ischemic Stroke RT MCA prior to joining the Indian Army (Armoured Corps). The declaration reads thus: 2.(a) Did you suffer