UNION OF INDIA AND ORS vs EX WO OM PRAKASH RETD

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6188/2025, CM APPL. 28214/2025, CM APPL. 28215/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Vivek Sharma, SPC with Ms Prerna Singh, Adv. versus EX WO OM PRAKASH RETD .....Respondent Through: Mr. Manoj Kr. Gupta and Ms. Esha Mehrotra and Ms Devangana Sharma, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 20.08.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 31 October 2023 passed by the Armed Forces Tribunal1 in OA 1477/2022 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 2025 SCC OnLine Del 2018 W.P.(C) 6188/2025 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:21.08.2025 19:00:41 3. Nonetheless, we have heard Mr. Vivek Sharma, learned SPC for the petitioners, 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 Air Force for over 37 years and 11 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 Air Force. The declaration reads thus: 3. Did you suffer from any disability before joining the Armed Forces? If so give details and dates: NO. The correctness