UNION OF INDIA & ORS. vs SUB DILIP KUMAR NANDA (NO. 571571) (RETD.)

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16578/2025 & CM APPL. 67907/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Satya Ranjan Swain, SPC Major Anish Muralidhar, Army versus SUB DILIP KUMAR NANDA (NO. 571571) (RETD.) .....Respondent Through: Mr. Manoj Kr. Gupta, Ms. Esha Mehrotra and Mr. Devangna, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 31.10.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 11 July 2024 passed by the Armed Forces Tribunal1 in OA 3740/2023 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 40%, lifelong, 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. 1 “the AFT”, hereinafter 2 318 (2025) DLT 711 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 16578/2025 Page 1 of 8 KUMAR Signing Date:01.11.2025 15:08:55 3. Nonetheless, we have heard Mr. Satya Ranjan Swain, learned 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 Indian Army for over 27 years and 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 Indian Army. The declaration reads thus: 2(a). Did you suffer from any disability before joining the Armed Forces? If so give details and dates. No