UNION OF INDIA THROUGH THE SECRETARY & ORS. vs EX NC E CHHATAR SINGH 819806-F

Judgment text excerpt

$~111 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5467/2025 UNION OF INDIA THROUGH THE SECRETARY & ORS. .....Petitioner Through: Mr Himanshu Pathak SPC and Mr. Amit Singh, Adv. versus EX NC E CHHATAR SINGH 819806-F .....Respondent Through: Mr. Ajit Kakkar, Mr. Avinash Gaur, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 28.04.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 29 February 2024 passed by the Armed Forces Tribunal1 in OA 161/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Lumbar spondylosis and Primary Hypertension 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 2025 SCC OnLine Del 2018 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 5467/2025 Page 1 of 8 KUMAR Signing Date:30.04.2025 17:57:45 3. Nonetheless, we have heard Mr. Himanshu Pathak, learned SPC 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 Lumbar Spondylosis and 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 28 years before he was diagnosed as suffering from Lumbar Spondylosis and Primary Hypertension. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Lumbar Spondylosis and Primary Hypertension prior to joining the Air Force. The declaration reads thus: 3. Did you suffer from any disability before joining the Armed Forces? If so, give details and dates- NIL The correct