UNION OF INDIA & ORS. vs GP CAPT SHASHI KANT MISHRA(RETD)(L9406-F)

Judgment text excerpt

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18181/2025, CM APPLs. 75193/2025 & 75194/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Jitesh Vikram Srivastava, Sr. PC Mr. Prajesh Vikram Srivastava, Adv. for UOI with Sgt. Manish Kumar Singh and Sgt. Mrityunjay, Legal Cell (Air Force) versus GP CAPT SHASHI KANT MISHRA (RETD) (L9406-F) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 01.12.2025 C. HARI SHANKAR, J. 1. This petition assails orders dated 27 February 2024 passed by the Armed Forces Tribunal1 in OA 97/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Coronary Artery Disease ASMI DVD (LAD and LCX) P/PCI to LAD.Normal LV Function2 and Primary Hypertension composite 51% rounded off to 75%, has been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI 1 “the AFT”, hereinafter 2 “CAD”, hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 18181/2025 Page 1 of 11 KUMAR Signing Date:03.12.2025 20:02:47 v Ex Sub Gawas Anil Madso3. 3. Nonetheless, we have heard Mr. Jitesh Vikram Srivastava, SPC 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 CAD and Primary Hypertension. From the record, including the proceedings of the Release Medical Board4, the following facts emerged: (i) The respondent had served in the Air Force for over 33 years before he was diagnosed as suffering from CAD and Primary Hypertension. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from CAD and Primary Hypertension prior to joining the Air Force. The dec