UNION OF INDIA & ORS. vs CDR SHIV RAM VERMA (RETD.),

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12407/2025 & CM APPL. 50610/2025, CM APPL. 50611/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Shashank Dixit, CGSC with Mr Kunal Raj and Ms. Charu Khandelwal, Advs. versus CDR SHIV RAM VERMA (RETD.) .....Respondent Through: Mr. Devendra Kumar, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 19.08.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 21 March 2023 passed by the Armed Forces Tribunal1 in OA 1044/2019 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 v Ex Sub Gawas Anil Madso2. 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 W.P.(C) 12407/2025 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:21.08.2025 14:36:59 3. Nonetheless, we have heard Mr. Shashank Dixit, learned CGSC 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 Navy for over 36 years and 28 days 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 Navy. 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