UNION OF INDIA AND ORS vs LTCOL THOMAS PS RETD

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16978/2025, CM APPL. 69792/2025 & CM APPL. 69793/2025 UNION OF INDIA AND ORS .....Petitioners Through: Dr. Vijendra Singh Mahndiyan, CGSC with Major Anish Muralidhar (Army) versus LT COL THOMAS PS RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 10.11.2025 C. HARI SHANKAR, J. 1. This petition assails orders dated 22 May 2023 passed by the Armed Forces Tribunal1 in OA 595/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30%, 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. 3. Nonetheless, we have heard Dr. Vijendra Singh Mahndiyan, 1 “the AFT”, hereinafter 2 318 (2025) DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 16978/2025 Page 1 of 8 KUMAR Signing Date:11.11.2025 17:46:49 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 Indian Army for over 38 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 Army. The declaration reads thus: 3. Did you suffer from any disability mentioned in question 3 or anything like it before joining the Armed Force? If so give details and date: NA The correctness of this