UNION OF INDIA & ORS. vs 773702-H SGT BHANU PRATAP YADAV(RETD)

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15852/2025, CM APPLs. 64906/2025 & 64907/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Shankar Kumar Jha, Sr. PC SGT Manish Kumar Singh and SGT Mritunjay (Air Force Legal Cell, DAV). versus 773702-H SGT BHANU PRATAP YADAV(RETD) .....Respondent Through: Mr. Ramniwas Bansal, Advocate. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 15.10.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 12 July 2023 passed by the Armed Forces Tribunal1 in OA 1577/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II 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 v Ex Sub Gawas Anil Madso2. 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 Signature Not Verified W.P.(C) 15852/2025 Page 1 of 8 Signed By:PREETI Signing Date:17.10.2025 19:39:19 3. Nonetheless, we have heard Mr. Shankar Kumar Jha, 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. 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 24 years and 24 days before he was diagnosed as suffering from Diabetes Mellitus Type-II. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Diabetes Mellitus Type-II prior to joining the Indian Air Force. The declaration reads thus: 2 (a) Did you suffer from any disability before joining the Armed Forces? If so, g