UNION OF INDIA AND ORS. vs EX SUB MAJ ATMA SINGH

Judgment text excerpt

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10681/2025, CM APPLs. 44154/2025 & 44155/2025 UNION OF INDIA AND ORS. .....Petitioners Through: Mr. Amit Tiwari, CGSC with Mr. Chetanya Puri, Mr. Ayush Tanwar and Ms. Ayushi Srivastava, Advs. with Major Anish Muralidhar (Army) versus EX SUB MAJ ATMA SINGH .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 24.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 5 October 2023 passed by the Armed Forces Tribunal1 in OA 1245/2021 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension and IVth Ventricular Epidermoid with 40% disability have 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. Amit Tiwari, learned CGSC 1 “the AFT”, hereinafter Signature Not Verified W.P.(C) 10681/2025 Digitally Signed By:AJIT Page 1 of 8 KUMAR Signing Date:25.07.2025 19:26:00 for the petitioner, and have perused the record. 4. The respondent was released in Low Medical Category on his being found to be suffering from Primary Hypertension and IVth Ventricular Epidermoid. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Indian Army for over 31 years 8 months before he was diagnosed as suffering from Primary Hypertension and IVth Ventricular Epidermoid. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Primary Hypertension and IVth Ventricular Epidermoid prior to joining the Indian Army. The declaration reads thus: 2. Did the disability exist be