UNION OF INDIA & ORS. vs SQN LDR SHEKHAR SINGH RAWAT (15347) (RETD)

Judgment text excerpt

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16115/2025, CM APPL. 65996/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Satya Ranjan Swain, CGSC with Mr. Kautilya Birat, Mr. Ankush Kapoor and Mr. Vishwadeep Chandrakar, Advs. for UOI versus SQN LDR SHEKHAR SINGH RAWAT (15347) (RETD) .....Respondent Through: Mr. R.K. Tripathi, Adv. 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 July 2024 passed by the Armed Forces Tribunal1 in OA 1485/2017 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II and Primary Hypertension with 44% for life, rounded off to 50%, disability 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. 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 16115/2025 Page 1 of 9 KUMAR Signing Date:27.10.2025 14:45:00 3. Nonetheless, we have heard Mr. Satya Ranjan Swain, 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 Diabetes Mellitus Type-II and Primary Hypertension. 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 34 years before he was diagnosed as suffering from Diabetes Mellitus Type-II and Primary Hypertension. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Diabetes Mellitus Type-II and Primary Hypertension prior to joining the India