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

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 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. Fr