UNION OF INDIA & ORS. vs HFO RATNAKAR MAHALA RETD

Judgment text excerpt

$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9964/2025, CM APPLs. 41430/2025 & 41431/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Sarvan Kumar, Sr. PC with Ms. Priya Dwivedi, Adv. versus HFO RATNAKAR MAHALA RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 16.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 19 May 2023 passed by the Armed Forces Tribunal1 in OA 1530/2019 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 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. 3. Nonetheless, we have heard Mr. Sarvan Kumar, learned Senior Panel Counsel for the petitioners, and have perused the record. 1 “the AFT”, hereinafter Signature Not Verified W.P.(C) 9964/2025 Digitally Signed By:AJIT Page 1 of 8 KUMAR Signing Date:17.07.2025 20:11:36 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 37 years 5 months 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: 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 doubted either by the RMB or by the petitioner be