UNION OF INDIA vs EX MWO JAI PRAKASH (REGD)

Judgment text excerpt

$~99 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17791/2025, CM APPLs. 73545/2025 & 73546/2025 UNION OF INDIA .....Petitioner Through: Mr. Mukesh Sachdeva, SPC with Mr. Chiranjiv Kumar and Mr. Jitesh, Advs. for UOI with Sgt. Manish Kumar Singh and Sgt. Mritunjay, (Legal Cell) versus EX MWO JAI PRAKASH (REGD) ....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 24.11.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 10 July 2023 passed by the Armed Forces Tribunal1 in OA 2015/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension (Old) with 30%, rounded off to 50%, for life, disability have 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 W.P.(C) 17791/2025 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:27.11.2025 15:06:14 3. Nonetheless, we have heard Mr. Mukesh Sachdeva, learned SPC 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 and 1 month 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 before joining the Armed Forces? NO The corr