UNION OF INDIA AND ORS vs EX LEM P RADHA CHARAN

Judgment text excerpt

$~111 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14976/2025, CM APPLs. 61567/2025, 61568/2025 & 61569/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Mukul Singh, CGSC for UOI versus EX LEM P RADHA CHARAN .....Respondent Through: Mr. Ankur Vyas and Mr. Ribhav Pande, Advs. 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 22 December 2023 passed by the Armed Forces Tribunal1 in OA 1710/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Seizure Disorder with 20% disability have been allowed by the AFT. 2. The issue is covered by a recent decision rendered by one 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) 14976/2025 Page 1 of 8 KUMAR Signing Date:26.09.2025 16:36:40 3. Nonetheless, we have heard Mr. Mukul Singh, 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 Seizure Disorder. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Indian Navy for over 15 years before he was diagnosed as suffering from Seizure Disorder. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Seizure Disorder prior to joining the Navy. The declaration reads thus: 3. Did you suffer from any disability before joining the Armed Forces? If so give details and dates: NO The correctness of this declaration is not doubted either by the RMB or by the petitioners before