UNION OFINDIA THROUGH ITS SECRETARY MINISTRY OF DEFENCE & ORS. vs EX SGT EJAZUL HAQUE S.NO. 741315-L

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 13068/2025, CM APPLs. 53538/2025 & 53539/2025 UNION OFINDIA THROUGH ITS SECRETARY MINISTRY OF DEFENCE & ORS. .....Petitioners Through: Mr. Piyush Beriwal, Sr. PC with Ms. Jyotsna Vyas, Ms. Ruchita Srivastava and Ms. Amisha P Dash, Advs. versus EX SGT EJAZUL HAQUE S.NO. 741315-L .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 27.08.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 4 January 2024 passed by the Armed Forces Tribunal1 in OA 894/2023 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% rounded off to 50% 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. 3. Nonetheless, we have heard Mr. Piyush Beriwal, learned Senior 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 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 fact