UNION OF INDIA AND ORS vs SGT ABHISHEK KUMAR (RETD.)

Judgment text excerpt

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17111/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Ashish K Dixit, CGSC with Mr. Umar Hashmi, Mr. Harshit and Ms. Iqra Shiekh, Advs. versus SGT ABHISHEK KUMAR (RETD.) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 12.11.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 7 November 2023 passed by the Armed Forces Tribunal1 in OA 1163/2020 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Chronic Angle Closure Glaucoma (BE) with 30%, lifelong, broad banded to 50% has been allowed by the AFT. 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 Madso2. 3. Nonetheless, we have heard Mr. Ashish K Dixit, 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) 17111/2025 Page 1 of 9 KUMAR Signing Date:13.11.2025 17:33:58 4. The respondent was released in Low Medical Category on his being found to be suffering from Chronic Angle Closure Glaucoma (BE). From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Indian Air Force for over 22 years before he was diagnosed as suffering from Chronic Angle Closure Glaucoma (BE). (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Chronic Angle Closure Glaucoma (BE) prior to joining the Air Force. The declaration reads thus: 3. Did you suffer from any disability before joining the Armed Forces ? If so, give details and dates - NO