UNION OF INDIA & ORS. vs MWO (HFO) SHIBU VN (RETD.)

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4625/2025 and CM APPL. 21370/2025, CM APPL. 21371/2025 & CM APPL. 29537/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Sanjib Kumar Mohanty, SPC with Mr. Aditya Acharya, Advocates and Sgt. Manish Kumar Singh and Mr. Mritunjay, Air Force, Legal Cell. versus MWO (HFO) SHIBU VN (RETD.) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 15.05.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 29 April 2023 passed by the Armed Forces Tribunal1 in OA 2001/2021 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension (old) with 30% disability (rounded off to 50%) 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) 4625/2025 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:20.05.2025 18:17:10 3. Nonetheless, we have heard Mr. Sanjib Kumar Mohanty, SPC 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 Air Force for over 39 years 02 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 Indian Air Force. The declaration reads thus: 2. (a) Did you suffer from any disability before joining the A