UNION OF INDIA THROUGH ITS SECRETARY & ORS. vs SUB SOHANA RAM DARA RETD

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8818/2025, CM APPL. 37537/2025 & CM APPL. 37538/2025 UNION OF INDIA THROUGH ITS SECRETARY & ORS. .....Petitioners Through: Mr. Ajay Kumar Pandey, Senior Panel Counsel with Ms. Deeksha Monga, Adv. versus SUB SOHANA RAM DARA RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 02.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 21 March 2023 passed by the Armed Forces Tribunal 1 in OA 1367/2022 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 2 2025 SCC OnLine Del 2018 W.P.(C) 8818/2025 Page 1 of 8 Signature Not Verified Signed By:AAKANSHA SHARMA Signing Date:04.07.2025 17:49:52 3. Nonetheless, we have heard Mr. Ajay Kumar Pandey, learned 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 Board 3, the following facts emerged: (i) The respondent had served in the Regular Army for over 29 years 7 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 Regular Army. 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 i