UNION OF INDIA & ORS. vs EX SUB RAVINDRA KUMAR

Judgment text excerpt

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6805/2025, CM APPL. 30859/2025 & CM APPL. 30860/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Vineet Dhanda, CGSC with Mr. Saksham Sethi, Adv. versus EX SUB RAVINDRA KUMAR .....Respondent Through: Mr. J P Sharma and Mr. Sahil Sharma, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 20.05.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 6 October 2023 passed by the Armed Forces Tribunal1 in OA 3038/2022 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 W.P.(C) 6805/2025 Page 1 of 9 Signature Not Verified Signed By:AAKANSHA SHARMA Signing Date:23.05.2025 13:29:29 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Vineet Dhanda, learned Central Government Standing 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 28 years 5 days 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 Indian 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 RMB or by the petit