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

Judgment text excerpt

$~84 * 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 Signature Not Verified W.P.(C) 13068/2025 Digitally Signed By:AJIT Page 1 of 8 KUMAR Signing Date:01.09.2025 16:39:19 Panel Counsel 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 19 years 1 month 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: 2. Did the disability exist before entering service? (Yes / No