UNION OF INDIA AND ORS vs RADM RAJESH SINGH (RETED.)

Judgment text excerpt

$~122 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10590/2025 and CM APPLs. 43926-928/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. P S Singh CGSC, Mr. Ashutosh Bharti and Ms. Minakshi Singh, Advocates versus RADM RAJESH SINGH (RETD.) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 23.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 21 November 2023 passed by the Armed Forces Tribunal1 in OA 1597/2022 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. P.S. Singh, CGSC for the 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 Signature Not Verified W.P.(C) 10590/2025 Digitally Signed By:AJIT Page 1 of 8 KUMAR Signing Date:25.07.2025 13:47:52 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 Navy for over 35 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 Navy. The declaration reads thus: 2 (a). 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 the RMB or by the petitioner bef