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may 2025

Delhi High Court · 2025-05-14

UNION OF INDIA & ORS. vs EX JWO ARVIND KUMAR

Citation / case number
W.P.(C)-6417/2025 2025:DHC:3810-DB
Court
Delhi High Court
Petitioner
UNION OF INDIA & ORS.
Respondent
EX JWO ARVIND KUMAR
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 6417/2025, CM APPL. 29237/2025 & CM APPL. 29238/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Premtosh K Mishra, CGSC with Mr. Manish Vashist and Ms. Sajal, Advs. Sgt Manish Kumar Singh and Sgt Mritunjay, Air Force Legal Cell versus EX JWO ARVIND KUMAR .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 14.05.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 30 May 2023 passed by the Armed Forces Tribunal1 in OA 1739/2019 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 1 “the AFT”, hereinafter W.P.(C) 6417/2025 3. Nonetheless, we have heard Mr. Premtosh K Mishra, learned CGSC 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 responde