UNION OF INDIA AND ORS vs EX SEA I UW ANIL KUMAR

Judgment text excerpt

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15296/2025, CM APPL. 62727/2025, CM APPL. 62728/2025 & CM APPL. 62729/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Ankit Raj, SPC versus EX SEA I UW ANIL KUMAR .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 06.10.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 1 May 2023 passed by the Armed Forces Tribunal1 in OA 174/2020 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Seizure Disorder with 20% disability, rounded off to 50%, 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. 3. Nonetheless, we have heard Mr. Ankit Raj, learned SPC for the petitioners, and have perused the record. 1 “the AFT”, hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 15296/2025 Page 1 of 8 KUMAR Signing Date:08.10.2025 18:31:20 4. The respondent was released in Low Medical Category on his being found to be suffering from Seizure Disorder. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Indian Navy for over 15 years before he was diagnosed as suffering from Seizure Disorder. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Seizure Disorder prior to joining the Navy. The declaration reads thus: 3. Did you suffer from any disability before joining the armed force? If so give details and dates. NO The correctness of this declaration is not doubted either by the RMB or by the petitioners before the AFT or before this Court. (iii) The reason regarding t