UNION OF INDIA THROUGH SECRETARY & ORS. vs 628376 EX WO PAWAN KUMAR SHARMA

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17802/2025 and CM APPLs. 73563-64/2025 UNION OF INDIA THROUGH SECRETARY & ORS. .....Petitioners Through: Ms. Manviya Arun for Ms. Arushi Singh, SPC with Sgt Mritunjay and Sgt Manish Kumar Singh versus 628376 EX WO PAWAN KUMAR SHARMA .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 26.11.2025 This case is being taken up today as 25 November 2025 was declared as holiday on the occasion of 350th anniversary of ‘Guru Teg Bahadur’s Martyrdom Day’. C. HARI SHANKAR, J. 1. This petition assails order dated 5 August 2024 passed by the Armed Forces Tribunal1 in OA 282/2021 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% for life, disability have been allowed by the AFT. 1 “the AFT”, hereinafter W.P.(C) 17802/2025 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:27.11.2025 20:26:40 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 Ms. Manviya Arun, Advocate for the petitioner, 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 37 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: 2