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april 2025

Delhi High Court · 2025-04-01

UNION OF INDIA & ORS. vs WO BINOD KUMAR SAH (RETD)

Citation / case number
W.P.(C)-3918/2025 2025:DHC:2390-DB
Court
Delhi High Court
Petitioner
UNION OF INDIA & ORS.
Respondent
WO BINOD KUMAR SAH (RETD)
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 3918/2025, CM APPL. 18166/2025 & CM APPL. 18167/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Jivesh Kr. Tiwari, CGSC. versus WO BINOD KUMAR SAH (RETD) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 01.04.2025 C. HARI SHANKAR, J. 1. The respondent joined the Indian Air Force1 on 19 August 1985 as Instrument Fitter. 22 years after he had joined service, he was diagnosed, in March 2007, as suffering from primary hypertension. He was, therefore, placed in Low Medical Category A4 G2(P). He was released from Air Force Service on 25 January 2021, and superannuated on 31 October 2021, after serving the IAF for over 36 years. 2. The Release Medical Board2, which assessed the respondent on 25 January 2021, found him to be suffering from 30% disability for 1 “IAF” hereinafter 2 “RMB” hereinafter W.P.(C) 3918/2025 2008. (Mil Pension)” Para 43 of Chapter VI of the GMO 2008, to which the aforesaid RMB refers, reads as under: “43. Hypertension. The first consideration should be to determine whether the hypertension is primary or secondary. If secondary, entitlement c