UNION OF INDIA AND ORS vs HFO GAJENDRA NATH TIWARI RETD

Judgment text excerpt

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17048/2025, CM APPL. 70162/2025 & CM APPL. 70163/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Sandeep Tyagi, SPC versus HFO GAJENDRA NATH TIWARI RETD .....Respondent Through: Mr. Manoj Kr. Gupta, Ms. Esha Mehrotra and Ms. Devangana Sharma, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 11.11.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 6 December 2024 passed by the Armed Forces Tribunal1 in OA 8/2021 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II2 with 20% rounded off to 50% disability has been allowed by the AFT relying on the judgment of the Supreme Court in Dharamvir Singh v UOI3. 2. The issue is covered by a recent decision rendered by one of us (C. Hari Shankar, J.) in UOI v Ex Sub Gawas Anil Madso4. 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter 3 (2013) 7 SCC 316 4 318 (2025) DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 17048/2025 Page 1 of 8 KUMAR Signing Date:13.11.2025 10:57:33 3. Nonetheless, we have heard Mr. Sandeep Tyagi, learned SPC 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 DM-II. From the record, including the proceedings of the Release Medical Board5, the following facts emerged: (i) The respondent had served in the Indian Air Force for over 37 years before he was diagnosed as suffering from DM-II. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from DM-II prior to joining the Air Force. The declaration reads thus: 3. Did you suffer from any disability before