UNION OF INDIA, THROUGH ITS SECRETARY MINISTRY OF DEFENCE, & ORS. vs EX NB SUB DORI LAL

Judgment text excerpt

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17426/2025, CM APPLs. 71999/2025 & 72000/2025 UNION OF INDIA, THROUGH ITS SECRETARY MINISTRY OF DEFENCE, & ORS. .....Petitioner Through: Mr. Jagdish Chandra Solanki, CGSC with Mr. Vardharman and Mr. Siddharth Bajaj, Advs. for UOI with Major Anish Muralidhar (Army) versus EX NB SUB DORI LAL .....Respondent Through: Mr. Ved Prakash, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 17.11.2025 C. HARI SHANKAR, J. 1. This petition assails orders dated 15 October 2024 passed by the Armed Forces Tribunal1 in OA 4087/2023 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%, 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 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 17426/2025 Page 1 of 9 KUMAR Signing Date:20.11.2025 12:51:54 3. Nonetheless, we have heard Mr. Jagdish Chandra Solanki, 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 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 Army. The declaration reads thus: 2(a). Did you suffer from any disability before joining the Armed Forces? If so give d