UNION OF INDIA AND ORS. vs SGT HARVINDER SINGH NEGI

Judgment text excerpt

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9253/2025 & CM APPL. 39223/2025, CM APPL. 39224/2025 UNION OF INDIA AND ORS. .....Petitioners Through: Ms. Ekta Choudhary, Mr. Ayush Kumar, Ms. Rushali Sikand, Advs. Mr. (Sgt) Manish Kumar Singh, Sgt Mrityunjay (Air force Legal Cell) versus SGT HARVINDER SINGH NEGI .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 07.07.2025 1. This petition assails order dated 25 April 2023 passed by the Armed Forces Tribunal1 in OA 265/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% 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. 1 “the AFT”, hereinafter Signature Not Verified W.P.(C) 9253/2025 Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:08.07.2025 19:58:10 3. Nonetheless, we have heard Ms. Ekta Choudhary, learned Counsel 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. 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 19 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: 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 t