UNION OF INDIA & ORS. vs EX MWO MOHAMMAD YUSUF KHAN (636066-A)

Judgment text excerpt

$~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17825/2025 & CM APPL. 73594/2025, CM APPL. 73595/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Jitesh Vikram Srivastava, Central Govt. SPC with Mr. Dipanshu Sharma, Adv. Sgt Mritunjay and Sgt Manish Kumar Singh, Air Force Legal Cell DAV) versus EX MWO MOHAMMAD YUSUF KHAN (636066-A) .....Respondent Through: Mr. Ved Prakash, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 24.11.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 18 March 2024 passed by the Armed Forces Tribunal1 in OA 1490/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II2 with 20% disability, rounded off to 50%, has been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 17825/2025 Page 1 of 8 KUMAR Signing Date:27.11.2025 15:06:14 v Ex Sub Gawas Anil Madso3. 3. Nonetheless, we have heard Mr. Jitesh Vikram Srivastava, learned Central Govt. 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 Board4, the following facts emerged: (i) The respondent had served in the Indian Air Force for over 37 years and 10 months 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 joining the ar