UNION OF INDIA AND ORS vs EX SGT DIBAKAR BEHERA

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16166/2025 & CM APPLs. 66142-43/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Sandeep Tyagi, CGSPC versus EX SGT DIBAKAR BEHERA .....Respondent Through: Mr. Praveen Kumar, Advocate CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 17.10.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 19 January 2024 passed by the Armed Forces Tribunal1 in OA 390/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II2 with 20% disability has been allowed by the AFT relying on the judgment of the Supreme Court in Dharamvir Singh v UOI3. 2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso4. 3. Nonetheless, we have heard Mr. Sandeep Tyagi, learned CGSPC for the petitioners, and have perused the record. 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter 3 (2013) 7 SCC 316 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 16166/2025 Page 1 of 8 KUMAR Signing Date:27.10.2025 14:45:00 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 Board5, the following facts emerged: (i) The respondent had served in the Indian Air Force for over 19 years and 9 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 armed forces? If so give details and dates: NO The correctness of this declaration is not doubted either