UNION OF INDIA ORS. vs EX NB RIS DILIP KUMAR SHARMA JC-245078-F

Judgment text excerpt

$~181 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15787/2025 & CM APPL. 64676/2025, CM APPL. 64677/2025-Ex UNION OF INDIA ORS. .....Petitioners Through: Mr. Amit Tiwari, CGSC, Mr. Chetanya Puri, Adv, Ms. Ayushi Srivastava, Adv, Mr. Ayush Tanwar, Adv, Mr. Arpan Narwal, Adv, Mr. Kushagra Malik, Adv with Major Anish Muralidhar versus EX NB RIS DILIP KUMAR SHARMA JC-245078-F .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER % 14.10.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 12 April 2023 passed by the Armed Forces Tribunal1 in OA 1314/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% disability have been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI W.P.(C) 15787/2025 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:16.10.2025 12:57:50 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Amit Tiwari, learned CGSC 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 Army for twenty three 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 Army. The declaration reads thus: 3. Did you suffer from any disability before joining the Armed Forces? If so give details and dates: NO The correctness of this d