UNION OF INDIA & ORS. vs HAV LALU PAPPACHAN- RETD

Judgment text excerpt

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18284/2025, CM APPL. 75644/2025, CM APPL. 75645/2025 & CM APPL. 75646/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Abhishek Saket, SPCG with Mr. Manish Madhukar, Mr. Abhigyan, Ms. Reya Paul and Ms. Nidhi Singh, Advs. with Major Anish Muralidhar for Army versus HAV LALU PAPPACHAN- RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 02.12.2025 C. HARI SHANKAR, J. 1. This petition assails orders dated 21 November 2024 passed by the Armed Forces Tribunal1 in OA 749/2024 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% disability lifelong, rounded off to 50% 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. 1 “the AFT”, hereinafter 2 318 (2025) DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 18284/2025 Page 1 of 8 KUMAR Signing Date:03.12.2025 20:02:47 3. Nonetheless, we have heard Mr. Abhishek Saket, learned SPCG 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 Army for over 21 years 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 Army. The declaration reads thus: 4. Did you suffer from any disability mentioned in question 2 or anything like it be