UNION OF INDIA THROUGH SECRETARY & ORS. vs EX- MWO SHYAM SINGH KASHYAP S.NO. 401497R

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4141/2025, CM APPL. 19142/2025, CM APPL. 19143/2025 UNION OF INDIA THROUGH SECRETARY & ORS. .....Petitioners Through: Ms. Neha Rastogi, CGSPC and Mr. Animesh Rastogi, Advocate with Sgt Manish Kumar Singh and Sgt Mritunjay, For Union of India, Air Force Legal Cell versus EX- MWO SHYAM SINGH KASHYAP S.NO. 401497R .....Respondent Through: Mr. O.S. Punia, Advocate CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 10.11.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 26 September 2023 passed by the Armed Forces Tribunal1 in OA 658/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Hypertension @ 20% and Diabetes Mellitus @ with 20% disability, compositely assessed at 36%, rounded off to 50% for life, have 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. 1 “the AFT”, hereinafter 2 318 (2025) DLT 711 W.P.(C) 4141/2025 Signature Not Verified Page 1 of 9 Digitally Signed By:AJIT KUMAR Signing Date:11.11.2025 19:07:44 3. Nonetheless, we have heard Ms. Neha Rastogi, CGSPC 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 and Primary Hypertension. 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 36 years before he was diagnosed as suffering from Diabetes Mellitus and Primary Hypertension. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Diabetes Mellitus and Prima