UNION OF INDIA & ORS. vs CAPT. (IN) ROY JOSEPH (RETD.) (SER NO 03708-A)

Judgment text excerpt

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14144/2025, CM APPL. 58043/2025 & CM APPL. 58044/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Satya Ranjan Swain, CGSPC with Mr. Kautilya Birat, Mr. Ankush Kapoor and Mr. Vishwadeep Chandrakar, Advs. versus CAPT. (IN) ROY JOSEPH (RETD.) (SER NO 03708-A) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 12.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 6 October 2023 passed by the Armed Forces Tribunal1 in OA 2327/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% disability, has been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI 1 “the AFT”, hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 14144/2025 Page 1 of 8 KUMAR Signing Date:15.09.2025 19:07:35 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Satya Ranjan Swain, learned CGSPC 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 Navy for over 31 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 Navy. The declaration reads thus: 2(a). Did you suffer from any disability before joining the Armed Forces? If yes give details and dates. NO The correctness of this declaration is n