UNION OF INDIA & ORS. vs EX HAV GADADE SUNIL VITHOBA

Judgment text excerpt

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16186/2025 & CM APPL. 66262/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Neeraj, SPC with Mr. Soumyadip Chakraborty, Adv. and Maj Anish Muralidhar versus EX HAV GADADE SUNIL VITHOBA .....Respondent Through: 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 16 May 2024 passed by the Armed Forces Tribunal1 in OA 2129/2019 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. 1 “the AFT”, hereinafter 2 “DM-II”, hereinafter 3 (2013) 7 SCC 316 4 2025 SCC OnLine Del 2018 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 16186/2025 Page 1 of 8 KUMAR Signing Date:27.10.2025 17:02:56 3. Nonetheless, we have heard Mr. Neeraj, learned Senior Panel Counsel 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 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 Army for over 26 years 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 Indian Army. The declaration reads thus: 3. Did you suffer from any disability mentioned in question 2 or anything like it before joining the armed forces? If so