UNION OF INDIA & ORS. vs 622830 MWO ACHYUTANAND RAI (RETD.)

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15986/2025 & CM APPL. 65408/2025, CM APPL. 65409/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Sahil Munjal, Central Govt. SPC versus 622830 MWO ACHYUTANAND RAI (RETD.)....Respondent Through: CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 16.10.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 21 December 2023 passed by the Armed Forces Tribunal1 in OA 1504/2019 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. Sahil Munjal, learned Central 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 15986/2025 Page 1 of 8 KUMAR Signing Date:17.10.2025 17:13:21 Govt., SPC 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 39 years 8 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. Did the disability exist before entering service (Y/N/ Could be): Dis 1 & 2 -No The correctness of this declaration is not doubted either by the RMB or by t