UNION OF INDIA & ORS. vs COL P BALAKRISHNAN (RETD) (1C-27806K)

Judgment text excerpt

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14625/2025 & CM APPL. 59973/2025, CM APPL. 59974/2025 UNION OF INDIA & ORS. .....Petitioners Through: Ms. Pushti Gupta, SPC Major Anish Muralidhar and Capt Anirudh Singh, Army versus COL P BALAKRISHNAN (RETD) (1C-27806K) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 22.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 27 September 2024 passed by the Armed Forces Tribunal1 in OA 408/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from CAD2 with 50% and PIVD3 with 20% 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 Madso4. 1 “the AFT”, hereinafter 2 Coronary Artery Disease 3 Prolapsed Intervertebral Disc 4 2025 SCC OnLine Del 2018 Signature Not Verified W.P.(C) 14625/2025 Digitally Signed By:AJIT Page 1 of 9 KUMAR Signing Date:25.09.2025 10:41:26 3. Nonetheless, we have heard Ms. Pushti Gupta, 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 CAD and PIVD. From the record, including the proceedings of the Release Medical Board5, the following facts emerged: (i) The respondent had served in the Army for over 34 years before he was diagnosed as suffering from CAD and PIVD. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from CAD and PIVD prior to joining the Army. 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 do