UNION OF INDIA AND ORS vs EX HAV DINESH RAUTELA

Judgment text excerpt

$~109 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6828/2025, CM APPL. 30968/2025 & CM APPL. 30969/2025 UNION OF INDIA AND ORS .....Petitioners Through: Ms. Ira Singh, Senior Panel Counsel with Mr. Aryan Dhaka, Adv. Major Anish Muralidhar, Army versus EX HAV DINESH RAUTELA .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 20.05.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 27 September 2024 passed by the Armed Forces Tribunal1 in OA 3572/2023 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. 1 “the AFT”, hereinafter W.P.(C) 6828/2025 Page 1 of 9 Signature Not Verified Signed By:AAKANSHA SHARMA Signing Date:23.05.2025 13:29:29 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 Ms. Ira Singh, 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 Board3, the following facts emerged: (i) The respondent had served in the Indian Army for over 24 years and 20 days 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: 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 is not doubted either by the RMB or by