UNION OF INDIA & ORS. vs JWO MADAN LAL VATS MARATHA (RETD.)

Judgment text excerpt

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17195/2025, CM APPL. 70726/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Satya Ranjan Swain, CGSC with Mr. Kautilya Birat, Mr. Ankush Kapoor and Mr. Vishwadeep, Advs. for UOI with Sgt. Manish Kumar Singh and Sgt. Mritunjay, DAV Legal Cell (Air Force) versus JWO MADAN LAL VATS MARATHA (RETD.) .....Respondent Through: Mr. Ramniwas Bansal, 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 31 January 2023 passed by the Armed Forces Tribunal1 in OA 2904/2021 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. 1 “the AFT”, hereinafter 2 318 (2025) DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 17195/2025 Page 1 of 8 KUMAR Signing Date:15.11.2025 16:20:10 3. Nonetheless, we have heard Mr. Satya Ranjan Swain, 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 over 36 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: 2(a). Did you suffer from any disability before