UNION OF INDIA & ORS. vs EX AG PO GW RABI KANT MALI

Judgment text excerpt

$~182 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15789/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Jagdish Chandra, CGSC and Mr. Sujeet Chaudhary, Advocate versus EX AG PO GW RABI KANT MALI .....Respondent Through: Mr. Kameshwar Nath Mishra, SPC with Ms. Vidya Mishra, Adv. and Mr. Kamaldeep, GP CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 14.10.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 10 July 2023 passed by the Armed Forces Tribunal1 in OA 563/2019 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% for life 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 2025 SCC OnLine Del 2018 W.P.(C) 15789/2025 Page 1 of 8 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:17.10.2025 19:02:16 3. Nonetheless, we have heard Mr. Jagdish Chandra, learned CGSC 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 Seizure Disorder. From the record, including the proceedings of the Release Medical Board3, the following facts emerge: (i) The respondent had served in the Indian Navy for over 14 years 8 months 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 Indian Navy. The declaration reads thus: 3. Did you suffer from any disability before joining the Armed Forces? If so give details and dates: NO The co