UNION OF INDIA & ORS. vs 693171-EX WO OM PRAKASH YADAV

Judgment text excerpt

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19044/2025, CM APPL. 79299/2025, CM APPL. 79300/2025 & CM APPL. 79301/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Vijay Joshi, CGSC, Sgt Manish Kumar Singh and Sgt Mritunjay, Air Force versus 693171-EX WO OM PRAKASH YADAV .....Respondent Through: Mr. A.K. Chaudhary, Mr. Baljeet Singh and Ms. Deepika Sheoran, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 16.12.2025 C. HARI SHANKAR, J. 1. This writ petition assails an order dated 25 October 2024 passed by the Armed Forces Tribunal1 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 1 “AFT”, hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 19044/2025 Page 1 of 3 KUMAR Signing Date:18.12.2025 17:50:52 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: “Onset of the disability was in Nov 2016 while the air warrior was serving in HQ WAC, IAF/New Delhi The disability was detected when he was investigated & evaluated for AME. There is no delay in diagnosis, no close association with stress and strain of military service. Hence, the disability is not attributable to, not aggravated by service as per Para 43 of Chapter VI of GMO (Military Pension)- 2008 (amended).” 4. In almost 208 similar cases, in which the reasoning of the