UNION OF INDIA AND ORS vs EX HAV PADAM SINGH RAJPUT

Judgment text excerpt

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14906/2025 and CM APPL. 61343-44/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Amit Gupta, CGSC with Major Anish Muralidhar versus EX HAV PADAM SINGH RAJPUT .....Respondent Through: Mr. Gaurav Sarawat and Mr. U. Srivastava and Mr. M.K. Gaur, Advocates CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 25.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 29 August 2023 passed by the Armed Forces Tribunal1 in OA 1367/2016 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II as being 20% for life, 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 Madso2. 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 14906/2025 Page 1 of 9 KUMAR Signing Date:26.09.2025 16:36:40 3. Nonetheless, we have heard Mr. Amit Gupta, 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. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Army for over 23 years 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 Army. The declaration reads thus: 4. Did you suffer from any disability mentioned in Question 2 or anything like it before joining the Armed Forces? If so give details and dates. The