UNION OF INDIA & ORS. vs EX MC ERA-II BRAHAMPAL SINGH KHATANA (NO. 194153-H)

Judgment text excerpt

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5911/2025, CM APPL. 26927/2025, CM APPL. 26928/2025, CM APPL. 26929/2025 & CM APPL. 26930/2025 UNION OF INDIA & ORS. .....Petitioner Through: Mr. Ankur Mittal, CGSC with Ms. Preeti Choudhary, Adv. versus EX MC ERA-II BRAHAMPAL SINGH KHATANA (NO. 194153-H) .....Respondent Through: Mr. Ved Prakash, Adv. 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 2 August 2023 passed by the Armed Forces Tribunal1 in OA 1237/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension ICD No. I-10.0 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) 5911/2025 Page 1 of 10 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 Mr. Ankur Mittal, 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 ICD No. I- 10.0. From the record, including the proceedings of the Release Medical Board3, the following facts emerged: (i) The respondent had served in the Indian Naval Service for over 21 years before he was diagnosed as suffering from Primary Hypertension ICD No. I-10.0. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Primary Hypertension ICD No. I-10.0 prior to joining the Indian Naval Service. The declaration reads thus: 3. Did you suffer from any disability before joining the Armed Forces? If so