UNION OF INDIA vs 632797-G MWO (HFO) SHIVA NATH CHOUDHARY

Judgment text excerpt

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6079/2025, CM APPL. 27790/2025 & CM APPL. 27791/2025 UNION OF INDIA .....Petitioner Through: Ms. Ekta Choudhury, Mr. Ayush Kumar, Ms. Rushali Sikand and Mr. Anand Krishna, Advs. versus 632797-G MWO (HFO) SHIVA NATH CHOUDHARY .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 07.05.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 11 May 2023 passed by the Armed Forces Tribunal1 in OA 1087/2022 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 1 “the AFT”, hereinafter W.P.(C) 6079/2025 Page 1 of 9 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:14.05.2025 15:46:01 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Ms. Ekta Choudhury, learned Counsel 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. 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 37 years 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: 3. Did you suffer from any disability before joining the Armed Forces? If so give details and dates: NIL The correctness of this declaration is not doubted either by the RMB or by the petitio