UNION OF INDIA & ORS. vs SGT VIKASH KUMAR RETD

Judgment text excerpt

$~109 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9804/2025, CM APPL. 40989/2025 & CM APPL. 40990/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Jivesh Kumar Tiwari, Senior Panel Counsel with Ms. Samiksha, Adv. Sgt Manish Kumar Singh and Sgt Mritunjay, Airforce Legal Cell versus SGT VIKASH KUMAR RETD .....Respondent Through: 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 23 November 2023 passed by the Armed Forces Tribunal1 in OA 2986/2022 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 1 “the AFT”, hereinafter W.P.(C) 9804/2025 Signature Not Verified Page 1 of 8 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. Jivesh Kumar Tiwari, Senior Panel 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 declar