UNION OF INDIA & ORS. vs EX PO LOG (F AND A) PAWAN KUMAR UNIYAL

Judgment text excerpt

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13494/2025, CM APPL. 55387/2025, CM APPL. 55388/2025, CM APPL. 55389/2025 & CM APPL. 55390/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Raghwendra Tiwari, CGSPC versus EX PO LOG (F AND A) PAWAN KUMAR UNIYAL .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 03.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 13 February 2024 passed by the Armed Forces Tribunal1 in OA 1762/2019 whereby the respondent’s application for grant of disability pension compositely assessed at the rate of less than 50% for life rounded off to 50%, disability have 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 W.P.(C) 13494/2025 Page 1 of 9 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:06.09.2025 15:38:49 3. Nonetheless, we have heard Mr. Raghwendra Tiwari, learned CGSPC 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 and Primary Hypertension. 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 14 years before he was diagnosed as suffering from Diabetes Mellitus Type-II and Primary Hypertension. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Diabetes Mellitus Type-II and Primary Hypertension prior to joining the Indian Air Force. The declaration reads thus: 3. Did the suffer from any disability exist before joining