UNION OF INDIA & ORS. vs EX SGT RAKESH DHAR UPADHYAY

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4770/2025 & CM APPL. 21975/2025 & CM APPL. 21976/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Rohan Jaitley CGSC, Mr. Dev Pratap Shahi, Adv. Mr. Varun Pratap Singh, Adv., Mr. Yogya Bhatia, Adv. Sgt Manish Kumar Singh and Sgt Mritunjay Airforce Legal Cell versus EX SGT RAKESH DHAR UPADHYAY .....Respondent Through: Ms. Deepika Sheoran and Mr. Baljeet Singh, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 14.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 13 December 2023 passed by the Armed Forces Tribunal1 in OA 1424/2020 whereby the respondent’s application for grant of disability pension on the ground that he suffers from dislipidemia with 30% disability and 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 W.P.(C) 4770/2025 Signature Not Verified Page 1 of 9 Digitally Signed By:AJIT KUMAR Signing Date:15.07.2025 20:10:04 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Rohan Jaitley, learned CGSC 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 dislipidemia and 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 20 years 16 months before he was diagnosed as suffering from dislipidemia and Primary Hypertension Disease. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from dislipidemia and Primary Hypertension Disease prior to joining the Indian Air Force. The