UNION OF INDIA AND ORS vs EX NB SUB SHER SINGH AIRY JC 542776X

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12383/2025 and CM APPL. 50473/2025 and 50474/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr Sandeep Tyagi SPC with Captain Carolin Johnson versus EX NB SUB SHER SINGH AIRY JC 542776X .....Respondent Through: Mr. Ajit Kakkar, Mr. Tejas Bhonge and Mr. Ramniwas Bansal, Advocates CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER % 18.08.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 26 September 2023 passed by the Armed Forces Tribunal1 in OA 617/2023 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% disability, rounded off to 50% with effect from the date of his discharge, have been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI W.P.(C) 12383/2025 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:19.08.2025 19:54:21 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Sandeep Tyagi, 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 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 Army for over 25 years 8 months 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: 2(a). Did you suffer from any disability before joining the Armed Forces? If so give details and dates: NO The correctne