UNION OF INDIA AND ORS vs EX HAV RAMJAS

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17017/2025 and CM APPLs. 69993-994/2025 UNION OF INDIA AND ORS .....Petitioners Through: Dr. Vijendra Singh Mahndiyan, CGSC with Major Anish Muralidhar versus EX HAV RAMJAS .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 11.11.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 1 August 2023 passed by the Armed Forces Tribunal1 in OA 1235/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Coronary Artery Disease-AWMI Non obstructive CAD @ 30% for life, rounded off to 50% 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. 3. Nonetheless, we have heard Dr. Vijendra Singh Mahndiyan, learned CGSC for the petitioners, and have perused the record. 1 “the AFT”, hereinafter 2 318 (2025) DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 17017/2025 Page 1 of 9 KUMAR Signing Date:13.11.2025 10:57:33 4. The respondent was released in Low Medical Category on his being found to be suffering from CAD. 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 26 years before he was diagnosed as suffering from CAD. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from CAD prior to joining the Army. The declaration reads thus: 2. 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 petitioners before the AFT or before this Court.