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

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 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 ha