UNION OF INDIA AND ORS vs EX SGT AKHILESHWAR SINGH YADAV

Judgment text excerpt

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5889/2025, CM APPL. 26855/2025 & CM APPL. 26856/2025 UNION OF INDIA AND ORS .....Petitioners Through: Ms. Shagun Shahi Chugh, along with Ms. Nandita Mishra, Advs. with Sgt. Mrityunjai. versus EX SGT AKHILESHWAR SINGH YADAV .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 06.05.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 13 May 2024 passed by the Armed Forces Tribunal1 in OA 575/2019 whereby the respondent’s application for grant of disability pension, on the ground that he suffers from Primary Hypertension with 30% disability, has 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) 5889/2025 Page 1 of 9 Signature Not Verified Signed By:AAKANSHA SHARMA Signing Date:14.05.2025 12:09:21 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Ms. Shagun Shahi Chugh, 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 emerge: (i) The respondent had served in the Indian Air Force for over 23 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: 3. Did you suffer from any disability before joining the Armed Forces? If so give details and dates: NO, N/A The correctness of this declaration is not doubted either by the RMB or by the petitio