UNION OF INDIA AND ORS vs EX JWO ATMA PRAKASH SRIVASTAVA

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14653/2025 & CM APPL. 60124/2025, CM APPL. 60125/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Siddhartha Shankar Ray, CGSC with Ms. Khushi Ramuka, Adv. versus EX JWO ATMA PRAKASH SRIVASTAVA .....Respondent Through: Mr. Rakesh Kr. Yadav, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 22.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 27 September 2024 passed by the Armed Forces Tribunal1 in OA 487/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension @ 30%, Diabetes Mellitus Type II @ 20% and CVA2 Rt MCA Infarction @50% rounded off to 70% 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 Madso3. 1 “the AFT”, hereinafter 2 Cerebrovascular Accident 3 2025 SCC OnLine Del 2018 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 14653/2025 Page 1 of 11 KUMAR Signing Date:23.09.2025 19:57:40 3. Nonetheless, we have heard Mr. Siddhartha Shankar Ray, learned CGSC 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, Diabetes Mellitus Type II and CVA Rt MCA Infarction. From the record, including the proceedings of the Release Medical Board4, the following facts emerged: (i) The respondent had served in the Air Force for over 38 years before he was diagnosed as suffering from Primary Hypertension, Diabetes Mellitus Type II and CVA Rt MCA Infarction. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from the disability prior to joining th