UNION OF INDIA AND ORS vs EX SUB VIKRAM SINGH

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3762/2025, CM APPLs. 17509/2025, 17510/2025, 39956/2025, 40015/2025 & 40016/2025 UNION OF INDIA AND ORS .....Petitioners Through: Dr. Vijendra Singh Mahndiyan, Sr. PC with Major Anish Muralidhar (Army) versus EX SUB VIKRAM SINGH .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 21.07.2025 C.HARI SHANKAR, J. 1. This petition assails order dated 31 May 2023 passed by the Armed Forces Tribunal1 in OA 195/2019 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 Dr. Vijendra Singh Mahndiyan, 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 Signature Not Verified W.P.(C) 3762/2025 Digitally Signed By:AJIT Page 1 of 8 KUMAR Signing Date:23.07.2025 13:42:39 learned 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 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 Army for 27 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 Army. 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