UNION OF INDIA AND ORS. vs EX SUB CLK RAM DARASH YADAV

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6646/2025 & CM APPL. 30173/2025, CM APPL. 30174/2025 UNION OF INDIA AND ORS. .....Petitioners Through: Mr. N.K. Aggarwal, SPC for UOI with Major Anish Muralidhar, Army versus EX SUB CLK RAM DARASH YADAV ....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 19.05.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 5 January 2024 passed by the Armed Forces Tribunal1 in OA 338/2020 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 us in UOI v Ex Sub Gawas Anil Madso2. 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 6646/2025 Page 1 of 7 KUMAR Signing Date:21.05.2025 10:34:48 3. Nonetheless, we have heard Mr. Mr. N.K. Aggarwal, learned SPC for the petitioners, 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 29 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 Navy. The declaration reads thus: 3. 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 the petition