UNION OF INDIA & ORS. vs BRIG YOGESH KAPOOR (RETD)

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7376/2025, CM APPL. 33084/2025 & CM APPL. 33085/2025 UNION OF INDIA & ORS. .....Petitioners Through: Ms. Pratima N. Lakra, CGSC with Mr. Chandan Prajapati, Adv. for UOI with Major Anish Muralidhar, Army versus BRIG YOGESH KAPOOR (RETD) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 27.05.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 14 July 2023 passed by the Armed Forces Tribunal1 in OA 1117/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Chronic Myeloid Leukemia with 20% disability for life 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. 3. Nonetheless, we have heard Ms. Pratima N. Lakra, learned 1 “the AFT”, hereinafter W.P.(C) 7376/2025 Signature Not Verified Page 1 of 9 Digitally Signed By:AJIT KUMAR Signing Date:30.05.2025 12:03:11 CGSC 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 Chronic Myeloid Leukemia. 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 33 years before he was diagnosed as suffering from Chronic Myeloid Leukemia. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Chronic Myeloid Leukemia prior to joining the Indian Army. The declaration reads thus: 3. Did you suffer from any disability before joining the armed forces? If so give details and dates: NO The correctness of this declaration is not doubted either by the