UNION OF INDIA THROUGH SECRETARY & ORS. vs 658200 EX WO RAJ KISHOR SINGH

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5518/2025, CM APPLs. 25129/2025 & 25130/2025 UNION OF INDIA THROUGH SECRETARY & ORS. .....Petitioners Through: Ms. Neha Rastogi, Sr. PC with Mr. Animesh Rastogi, Mr. Vibhav Singh, Mr. Rajat Dubey and Mr. Shashank Pandey versus 658200 EX WO RAJ KISHOR SINGH .....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 21 September 2023 passed by the Armed Forces Tribunal1 in OA 1417/2020 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% disability has 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 Signature Not Verified SCC OnLine Del 2018 2025 Signed By:AAKANSHA W.P.(C) 5518/2025 Page 1 of 7 SHARMA Signing Date:02.05.2025 11:05:28 3. Nonetheless, we have heard Ms. Neha Rastogi, 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 on the ground that the respondent’s Primary Hypertension was neither attributable to nor aggravated by military service. The reasoning, as entered by the RMB and which also stands reproduced in para 4 of the counter affidavit filed by the respondents before the learned AFT, reads thus: “4. His release medical board not solely on medical grounds was held at 3 Wing, AF, vide AFMSF-16 dated 18 Oct 2012 and found fit to be released in low medical category A4G2 (P) for the ID; Primary Hypertension: S. Disability Attributable Reason % of Composite Net N