UNION OF INDIA AND ORS. & ORS. vs EX SUB RAJENDER SINGH

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2318/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Jagdish Chandra, CGSC with Mr. Shubham Kumar Mishra, Mr. Sujeet, Advs. with Major Anish Murlidhar versus EX SUB RAJENDER SINGH .....Respondent Through: Mr. J.P Sharma and Mr. Sahil Sharma, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 17.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 9 August 2023 passed by the Armed Forces Tribunal1 in OA 1756/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% rounded off to 50% disability 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. 3. Nonetheless, we have heard Mr. Jagdish Chandra, learned 1 “the AFT”, hereinafter Signature Not Verified W.P.(C) 2318/2025 Digitally Signed By:AJIT Page 1 of 8 KUMAR Signing Date:18.07.2025 17:21:04 CGSC 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 Indian Air Force for over 22 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 Indian Air Force. The declaration reads thus: 3. Did you suffer from any disability before joining the Armed Forces? If so give details and dates: NO The correctness of this declaration is not doubted either by