UNION OF INDIA & ANR. vs SGT NARENDRA PAL SINGH ELECT/FIT (RETD)

Judgment text excerpt

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9297/2024 and CM APPL. 38109/2024 UNION OF INDIA & ANR. .....Petitioners Through: Mr. Syed Abdul Haseeb, CGSC versus SGT NARENDRA PAL SINGH ELECT/FIT (RETD) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER % 14.08.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 23 February 2023 passed by the Armed Forces Tribunal1 in OA 282/2022 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% 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 v Ex Sub Gawas Anil Madso2. 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 W.P.(C) 9297/2024 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:18.08.2025 18:59:50 3. Nonetheless, we have heard Mr. Syed Abdul Haseeb, 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 20 years 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: 4. Did you suffer from any disability mentioned in question 2 or anything like it before joining the Armed Forces? If so give details and dates: NO N/A The correctness of this declaration