UNION OF INDIA & ORS. vs JWO G SASMAL (RETD) NP. 642946)

Judgment text excerpt

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17603/2025 & CM APPL. 72718/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Satya Ranjan Swain, CGSC with Mr. Kautilya Birat, Mr. Ankush Kapoor and Mr. Vishwadeep, Advocates versus JWO G SASMAL (RETD) NP. 642946) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 20.11.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 16 May 2024 passed by the Armed Forces Tribunal1 in OA 1092/2019 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 Mr. Satya Ranjan Swain, learned 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 17603/2025 Page 1 of 8 KUMAR Signing Date:21.11.2025 19:27:16 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 Air Force for over 26 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 mentioned in question 2 or anything like it before joining the Armed Forces? If so give details and dat