UNION OF INDIA & ORS. vs EX SGT KALESH M

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5677/2025, CM APPL. 25937/2025 & CM APPL. 25938/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Himanshu Pathak, SPC with Mr. Amit Singh, Adv. versus EX SGT KALESH M .....Respondent Through: Mr. Ved Prakash, Adv. 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 1 February 2023 passed by the Armed Forces Tribunal1 in OA 969/2022 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) 5677/2025 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 re