UNION OF INDIA & ORS. vs EX SUB AYYUB ALI NO. JC 804565 K

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5900/2025, CM APPL. 26893/2025 & CM APPL. 26894/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Manoj Kumar Tyagi, Sr. PC with Major Anish Muralidhar, Army. versus EX SUB AYYUB ALI NO. JC 804565 K .....Respondent Through: Mr. Ved Prakash and Mr. Navdeep Mavi, Advs. 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 6 May 2024 passed by the Armed Forces Tribunal1 in OA 646/2023 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) 5900/2025 Page 1 of 8 Signature Not Verified Signed By:AAKANSHA SHARMA Signing Date:21.05.2025 12:33:22 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Manoj Kumar Tyagi, 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 Army Educational Corps for over 27 years 7 months 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 Educational Corps. 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 declarat