UNION OF INDIA & ORS. vs 23900 GP CAPT B N SHARMA -RETD

Judgment text excerpt

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19236/2025, CM APPL. 80262/2025, CM APPL. 80263/2025, CM APPL. 80264/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Vijay Joshi, CGSC with, Mr. Vikas Sharma, SPC, Mr. Kuldeep Singh, Mr. Chetan Jadon, GP, Mr. Vansh Jadon, Adv. Sgt Manish Kumar Singh and Sgt Mritunjay, DAV Legal Cell Air Force versus 23900 GP CAPT B N SHARMA -RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 18.12.2025 C. HARI SHANKAR, J. 1. This writ petition assails an order dated 29 May 2024 passed by the Armed Forces Tribunal1 in OA 345/2023 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 1 “AFT”, hereinafter Signature Not Verified W.P.(C) 19236/2025 Digitally Signed By:AJIT Page 1 of 3 KUMAR Signing Date:23.12.2025 18:29:10 26 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 aggravated by service read thus: “It is a life style related disorder with onset in peace (Apr 19/New Delhi). No close time association of military service in its onset & progression. Hence NANA as per Para 43 of GMO 2008.” 4. In 215 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