UNION OF INDIA AND ORS vs EX POA AH PRAMOD KUMAR PATHAK

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16127/2025, CM APPLs. 66045/2025, 66046/2025 & 66047/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Ankit Raj, Sr. PC with Mr. Vikram Kumar, Mr. Ali Mohammed Khan and Mr. Digvijay Singh, Advs. versus EX POA AH PRAMOD KUMAR PATHAK .....Respondent Through: Mr. Ved Prakash, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 17.10.2025 C. HARI SHANKAR, J. 1. This petition assails orders dated 30 May 2023 passed by the Armed Forces Tribunal1 in OA 660/2020 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 one of us (C. Hari Shankar J.) in UOI v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Ankit Raj, SPC for the 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 16127/2025 Page 1 of 8 KUMAR Signing Date:27.10.2025 14:57:11 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 Navy for over 14 years and 9 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 Indian Navy. The declaration reads thus: 2.(a) Did you suffer from any disability before joining the Armed Forces? If so give details and