UNION OF INDIA & ORS. vs EX HAV BIRENDRA KUMAR SINGH

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 13219/2025, CM APPL. 54157/2025 & CM APPL. 54158/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Himanshu Pathak, SPC with Mr. Amit Singh, Adv. versus EX HAV BIRENDRA KUMAR SINGH .....Respondent Through: Mr. Raj Kumar, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 16.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 30 May 2024 passed by the Armed Forces Tribunal1 in OA 1153/2023 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% 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. 3. Nonetheless, we have heard Mr. Himanshu Pathak, learned SPC for the petitioners, and have perused the record. 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 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