UNION OF INDIA AND ORS vs 724721 EX SGT MANOJ K L RETD.

Judgment text excerpt

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17225/2025 and CM APPL. 70959-70960/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. P.S. Singh, CGSC with Ms. Minakshi Singh, Mr. Ashutosh Bharti, Mr. Rajneesh K Sharma and Ms. Shivangi Sharma, Advs. for UOI with Sgt. Manish Kumar Singh and Sgt. Mritunjay, DAV Legal Cell (Air Force) versus 724721 EX SGT MANOJ K L RETD. .....Respondent Through: Mr. Durgesh Kumar Sharma, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 13.11.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 18 October 2024 passed by the Armed Forces Tribunal1 in OA 1398/2020 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% disability for life, rounded off to 50% lifelong, has 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 2 318 (2025) DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 17225/2025 Page 1 of 8 KUMAR Signing Date:15.11.2025 16:20:10 3. Nonetheless, we have heard Mr. P.S. Singh, learned CGSC 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 Air Force for 19 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 Air Force. The declaration reads thus: 3. Did you