UNION OF INDIA AND ORS vs MWO (HFL) MANOJ KUMAR SINGH (RETD) (691690-B)

Judgment text excerpt

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3525/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Siddhartha Shankar Ray CGSC and Ms. Smritika Kesri, Advocate with Sgt Manish Kumar Singh and Sgt Mritunjay, For Union of India, Air Force Legal Cell versus MWO (HFL) MANOJ KUMAR SINGH (RETD) (691690-B) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 07.08.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 10 May 2023 passed by the Armed Forces Tribunal1 in OA 1068/2022 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% has been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI 1 “the AFT”, hereinafter W.P.(C) 3525/2025 Signature Not Verified Page 1 of 9 Digitally Signed By:AJIT KUMAR Signing Date:08.08.2025 16:15:38 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Siddhartha Shankar Ray, learned CGSC 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 Air Force for over 37 years 3 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 Air Force. 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 correctness of t