UNION OF INDIA AND ORS vs AIR CMDE BS SABHERWAL, VSM (RETD) (17374-K)

Judgment text excerpt

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5593/2025, CM APPL. 25509/2025 & CM APPL. 25510/2025 UNION OF INDIA AND ORS .....Petitioners Through: Ms. Shagun Shahi Chugh, SPC along with Ms. Nandita Mishra, Adv. and Sgt Mrityunjay. versus AIR CMDE BS SABHERWAL, VSM (RETD) (17374-K) .....Respondent Through: Mr. Shakti Jaidwal, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 30.04.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 29 March 2023 passed by the Armed Forces Tribunal1 in OA 977/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% disability have been allowed by the AFT. 1 “the AFT”, hereinafter W.P.(C) 5593/2025 Page 1 of 9 Signature Not Verified Signed By:AAKANSHA SHARMA Signing Date:02.05.2025 11:38:36 2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Ms. Shagun Shahi Chugh, learned Senior Panel Counsel for the petitioner, and have perused the record. 4. The respondent was released in Low Medical Category on his being found to be suffering from 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 Air Force for over 31 years before he was diagnosed as suffering from Primary Hypertension. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Primary Hypertension prior to joining the Indian Army. The declaration reads thus: 3. 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: N