UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF DEFENCE & ORS. vs EX SGT S RAKESH

Judgment text excerpt

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16865/2025, CM APPL. 69381/2025 & CM APPL. 69382/2025 UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF DEFENCE & ORS. .....Petitioners Through: Mr. Sandeep Tyagi, SPC Sgt Mritunjay, Air Force Legal Cell versus EX SGT S RAKESH .....Respondent Through: Mr Praveen Kumar, Adv. 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 7 February 2024 passed by the Armed Forces Tribunal1 in OA 08/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II with 20% disability, Primary Hypertension with 30% disability, and Primary Hypothyroidism with 20% disability, rounded off to 50%, lifelong, 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. 1 “the AFT”, hereinafter 2 318 (2025) DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 16865/2025 Page 1 of 9 KUMAR Signing Date:10.11.2025 19:08:57 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 Diabetes Mellitus Type-II, Primary Hypertension and Primary Hypothyroidism. 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 and 3 months before he was diagnosed as suffering from Diabetes Mellitus Type-II, Primary Hypertension and Primary Hypothyroidism. (ii) The respondent, in his self-declaration, specifically d