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april 2025

Delhi High Court · 2025-04-29

UNION OF INDIA AND ORS vs BWO BIJAN KUMAR GHOSH (RETIRED) (SERVICE NO. 677390-L)

Citation / case number
W.P.(C)-5515/2025 2025:DHC:3110-DB
Court
Delhi High Court
Petitioner
UNION OF INDIA AND ORS
Respondent
BWO BIJAN KUMAR GHOSH (RETIRED) (SERVICE NO. 677390-L)
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5515/2025, CM APPLs. 25123/2025 & 25124/2025 UNION OF INDIA AND ORS .....Petitioners Through: Ms. Shagun Shahi Chugh, Sr. PC with Ms. Nandita Mishra, Adv. versus BWO BIJAN KUMAR GHOSH (RETIRED) (SERVICE NO. 677390-L) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 29.04.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 24 February 2023 passed by the Armed Forces Tribunal1 in OA 675/2022 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. 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 petitioners, and have perused the record. 1 “the AFT”, hereinafter 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 i