UNION OF INDIA AND ORS vs CDR PC ACHARYA RETD 01992-A

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16876/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Raj Kumar, CGSC with Ms. Vidushi, Adv. versus CDR PC ACHARYA (RETD) (01992-A) ....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 07.11.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 16 July 2024 passed by the Armed Forces Tribunal1 in OA 2925/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Cervical Spondylosis with 20%, lifelong, has 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 Mr. Raj Kumar, learned CGSC for the petitioners, and have perused the record. 1 “the AFT” hereinafter 2 318 (2025) DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 16876/2025 Page 1 of 7 KUMAR Signing Date:11.11.2025 17:46:49 4. The respondent was released in Low Medical Category on his being found to be suffering from “Cervical Spondylosis”. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Indian Navy for over 23 years and 9 months before he was diagnosed as suffering from Cervical Spondylosis. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Cervical Spondylosis prior to joining the Navy. The declaration reads thus: 4. Did you suffer from any disability mentioned in question 2 or anything like it before joining the Armed Forces? If so, give details and dates. No The correctness of this declaration is not doubted either by the RMB or by the petitioners before the AFT or b