UNION OF INDIA AND ORS vs EX SUB UDAY SINGH

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13689/2025, CM APPL. 56112/2025 & CM APPL. 56113/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr Vivek Sharma, SPC with Ms. Prernaa Singh, Adv. Major Anish Muralidhar and Caption Carolin Johnson (Army) versus EX SUB UDAY SINGH .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 08.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 16 October 2024 passed by the Armed Forces Tribunal1 in OA 4104/2023 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% disability, rounded off to 50%, 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) 13689/2025 Page 1 of 8 KUMAR Signing Date:10.09.2025 15:10:30 3. Nonetheless, we have heard Mr. Vivek Sharma, 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 ICD No. I 10. 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 30 years and 22 days 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 cor