UNION OF INDIA & ORS. vs COL. SANJIV KUMAR BAKSHI (RTD)

Judgment text excerpt

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12181/2025, CAV 304/2025, CM APPL. 49667/2025 & CM APPL. 49668/2025 UNION OF INDIA & ORS. .....Petitioners Through: Dr. B. Ramaswamy, learned CGSC Major Anish Muralidhar and Captain Carolin Johnson, Army versus COL. SANJIV KUMAR BAKSHI (RTD) .....Respondent Through: Mr. Indra Sen Singh, Mr. Nasir Mohd and Ms. Kaberi Sharma, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 01.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 15 October 2024 passed by the Armed Forces Tribunal1 in OA 2000/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% disability have been allowed by the AFT. 2. The issue is covered by a recent decision rendered by us in UOI 1 “the AFT”, hereinafter W.P.(C) 12181/2025 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:03.09.2025 12:52:33 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Dr. B. Ramaswamy, 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. 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 32 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 Army. The declaration reads thus: 2(a). Did you suffer from any disability before joining the Armed Forces? If so give details and dates: NO The co