WG CDR ESWARA RAGHURAJ (RETD) vs UNION OF INDIA AND OTHERS

Judgment text excerpt

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10278/2024 WG CDR ESWARA RAGHURAJ (RETD) .....Petitioner Through: Ms. Deepika Sheoran, Mr. Baljeet Singh and Mr. Abhishek Gahlyan, Advocates. versus UNION OF INDIA AND OTHERS .....Respondents Through: Mr. Premtosh Mishra, CGSC with Mr. Prarabdh Tiwari, Mr. Anurag Tiwari and Mr. Arnav Mittal, Advocates. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 01.12.2025 OM PRAKASH SHUKLA, J. 1. This writ petition is filed under Article 226 of the Constitution of India assailing the order dated 15.04.2024 passed by the Armed Forces Tribunal1 in OA 1909/2019, whereby the petitioner’s application seeking grant of disability pension on account of primary hypertension @ 30% was dismissed. 2. The factual background leading to the present petition is that the petitioner joined the Indian Air Force on 21.12.1996 and sought 1 “the AFT”, hereinafter Signature Not Verified W.P.(C) 10278/2024 Page 1 of 7 Signed By:PREETI Signing Date:02.12.2025 18:37:05 premature retirement from service on 30.04.2018. At the time of the retirement, the petitioner was released in low medical category and the Release Medical Board2 vide its report dated 18.04.2018, ascertained that petitioner was suffering from primary hypertension at 30%, which was not attributed to or held to be aggravated by military service. Further, the net qualifying percentage for disability was assessed as nil for life. 3. Thereafter, the petitioner, purportedly, sought disability pension, however, his claim came to be rejected by the competent authority vide letter dated 23.08.2018. It is also made out from the record that as per the OA, the petitioner had sent a Legal Notice/Representation dated 12.09.2019 challenging the reject