UNION OF INDIA AND ORS vs 696631 EX JWO RAKESH KUMAR GUPTA

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19485/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Sushil Kumar Pandey, SPC versus 696631 EX JWO RAKESH KUMAR GUPTA .....Respondent Through: Mr. Durgesh Kumar Sharma, Advocate CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 22.12.2025 C. HARI SHANKAR, J. 1. This writ petition assails an order dated 8 October 2024 passed by the Armed Forces Tribunal1 in OA 3830/2023 whereby the respondent’s prayer for disability pension has been allowed. 2. Disability pension was sought on the ground that the respondent suffered from Primary Hypertension which was found to be 30% for life rounded off to 50%. The onset of the Primary Hypertension was 37 years after the respondent joined the service. No Primary Hypertension was noted at the time when the respondent was recruited. 3. The reasoning given by the Release Medical Board for holding that the respondent’s Primary Hypertension was not attributable to or Signature Not Verified W.P.(C) 19485/2025 Digitally Signed By:AJIT Page 1 of 2 KUMAR Signing Date:23.12.2025 18:29:10 aggravated by service read thus: “Primary Hypertension (Old) 1-10, Z 09, 0 - As per Para 43 of Chapter VI of GMO (Military Pension)-2008(onset in peace, no delay in diagnosis/ treatment. No close time association with CI OPS/HAA/Field Areas.” 4. In 220 similar cases, in which the reasoning of the RMB is substantially the same, including Union of India v. Ex. SGT Manoj K L Retd2 and Union of India v. Rajveender Singh Mallhi3 as well as Union of India v. Ex Sub Gawas Anil Madso4, we have upheld the order of the AFT and dismissed the writ petition. 5. Those decisions apply, mutatis mutandis, to the present case. 6. We have not been informed that any o