UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE & ORS. vs EX SGT ABHAYA KUMAR RATH 721024 N

Judgment text excerpt

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15861/2025, CM APPLs. 64927/2025 & 64928/2025 UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE & ORS. .....Petitioners Through: Mr. Manish Rohilla, Sr. PC with Mr. Pradeep Kumar Yadav, Advocate. SGT Manish Kumar Singh, Air Force Legal Cell and SGT Mritunjay. versus EX SGT ABHAYA KUMAR RATH 721024 N .....Respondent Through: 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 29 May 2025 passed by the Armed Forces Tribunal1 in OA 361/2018 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Prolapsed Inter Vertibral Disc L4-L52 with 30% disability 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 Madso3. 1 “the AFT”, hereinafter 2 “PIVD”, hereinafter Signature Not Verified Signed By:PREETI W.P.(C) 14625/2025 Page 1 of 8 Signing Date:17.10.2025 19:39:19 3. Nonetheless, we have heard Mr. Manish Rohilla, learned 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 PIVD. From the record, including the proceedings of the Release Medical Board4, the following facts emerged: (i) The respondent had served in the Air Force for over 28 years before he was diagnosed as suffering from PIVD. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from PIVD prior to joining the Air Force. The declaration reads thus: 2. Did the disability exist before entering service? (Y/N/Could be) The correctness of this declaration is not doubted either by the RMB or by the p