UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF DEFENCE DHQ PQ NEW DELHI & ORS. vs EX HAV MUKESH KUMAR BALODHI

Judgment text excerpt

$~110 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10476/2025, CM APPL. 43521/2025, CM APPL. 43522/2025 & CM APPL. 43523/2025 UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF DEFENCE DHQ PQ NEW DELHI & ORS. .....Petitioners Through: Mr. Padmesh Mishra and Mr. Aditya, Advs. Major Anish Muralidhar, Army versus EX HAV MUKESH KUMAR BALODHI .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 22.07.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 31 May 2023 passed by the Armed Forces Tribunal1 in OA 982/2020 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 this court 1 “the AFT”, hereinafter W.P.(C) 10476/2025 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:24.07.2025 19:24:24 in UOI v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Padmesh Mishra, learned 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 Army for 24 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 Army. The declaration reads thus: 3. Did you suffer from any disability before joining the Armed Force? If so give details and dates- No. The correctness of this de