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2025 Supreme(Del) 641

IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Union Of India – Appellant
Versus
Hav Kedar Kirankumar Udhav (Retd) – Respondent


Advocates Appeared:
For the Petitioner:Mr. N.K. Aggarwal, SPC with Ms. Sanjana Antil, Advocate
For the Respondent:Mr Manoj Kumar Gupta and Ms Devangana Sharma, Advocates

Table of Content
1. assesses the appeal against the aft ruling on disability pension. (Para 1 , 2)

JUDGMENT :

C. HARI SHANKAR, J.

1. This petition assails order dated 21 July 2023 passed by the Armed Forces Tribunal, [“the AFT”, hereinafter] in OA 961/2020 whereby the respondent’s application for grant of disability pension on the ground that he suffers from CNS (INV) Seizure Disorder with 20% disability for life, rounded off to 50% for life, have been allowed by the AFT.

2. The issue is covered by a recent decision rendered by us in UOI Ex Sub Gawas Anil Madso, [2025 SCC OnLine Del 2018]

3. Nonetheless, we have heard Mr. N.K. Aggarwal, 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 CNS (INV) Seizure Disorder. From the record, including the proceedings of the Release Medical Board, [“RMB”, hereinafter] the following facts emerged:

(i) The respondent had served in the Indian Army for over 15 years 6 months and 22 days before he was diagnosed as suffering from CNS (INV) Seizure Disorder.

(ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from

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