UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE, & ORS. vs (633279) EX HFO RISHI KUMAR TANGAR

Judgment text excerpt

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15248/2025 & CM APPL. 62505/2025, CM APPL. 62506/2025 UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE, & ORS. .....Petitioners Through: Mr. Sarvan Kumar, Sr. PC with Mr. Mukesh Kumar Pandey, Mr. Yash Baraliya, Advs. versus (633279) EX HFO RISHI KUMAR TANGAR ....Respondent Through: Mr. Ramniwas Bansal, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 06.10.2025 C. HARI SHANKAR, J. 1. This petition assails orders dated 28 February 2025 passed by the Armed Forces Tribunal1 in OA 348/2020 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%, lifelong, has 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 2025 SCC OnLine Del 2018 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 15248/2025 Page 1 of 8 KUMAR Signing Date:08.10.2025 18:31:20 3. Nonetheless, we have heard Mr. Sarvan Kumar, 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 38 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 Air Force. The declaration reads thus: 2. Did the disability exists before entering service (Y/N) could be: NO The correctne