UNION OF INDIA vs GP CAPT KAMLESH PRASAD GUPTA RETD

Judgment text excerpt

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15284/2025, CM APPL. 62626/2025, CM APPL. 62627/2025 UNION OF INDIA .....Petitioner Through: Mr. Ankit Raj, Sr. PC with Mr. Vikram Kumar, Mr. Ali Mohammed Khan and Mr. Digvijay Singh, Advs. versus GP CAPT KAMLESH PRASAD GUPTA RETD ....Respondent Through: Ms. Deepika Sheoran, Mr. Abhishek Gahlyan and Mr. Baljeet Singh, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 06.10.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 20 November 2023 passed by the Armed Forces Tribunal1 in OA 1637/2019 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%, lifelong, has been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI 1 “the AFT”, hereinafter W.P.(C) 15284/2025 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:08.10.2025 18:31:20 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Ankit Raj, 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 33 years and 4 months 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: 3. Did you suffer from any disability before joining the