UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE & ORS. vs 672796 HFO BANSHIDHAR GAIROLA (RETD)

Judgment text excerpt

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16854/2025, CM APPL. 69249/2025 & CM APPL. 69250/2025 UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE & ORS. .....Petitioners Through: Mr. Santosh Pandey, CGSPC with Sgt Mritunjay for Air Force Legal Cell versus 672796 HFO BANSHIDHAR GAIROLA (RETD) .....Respondent Through: Mr. Ramniwas Bansal, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 07.11.2025 C. HARI SHANKAR, J. 1. This petition assails orders dated 21 May 2024 passed by the Armed Forces Tribunal1 in OA 1697/2021 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) 16854/2025 Page 1 of 8 KUMAR Signing Date:14.11.2025 13:48:54 3. Nonetheless, we have heard Mr. Santosh Pandey, learned CGSPC 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 38 years and 10 months 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 joining the Armed Forces? If so give detai