UNION OF INDIA & ORS. vs EX HAV MUKESH KUMAR

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5717/2025, CM APPL. 26050/2025 & CM APPL. 26051/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Himanshu Pathak, SPC with Mr. Amit Singh, Adv. Major Anish Muralidhar for Army versus EX HAV MUKESH KUMAR .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 01.05.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 22 February 2023 passed by the Armed Forces Tribunal1 in OA 669/2022 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) 5717/2025 Page 1 of 9 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:03.05.2025 16:36:31 3. Nonetheless, we have heard Mr. Himanshu Pathak, learned Senior Panel Counsel 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 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 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 RM