UNION OF INDIA, & ORS. vs LT. COL DEVENDRA SINGH (RETD.)

Judgment text excerpt

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13403/2025, CM APPLs. 54950/2025 & 54951/2025 UNION OF INDIA, & ORS. .....Petitioners Through: Mr. Shashank Dixit, CGSC with Mr. Kunal Raj and Ms. Charu Khandelwal, Advs. for UOI with Major Anish Muralidhar and Captain Carolin Johnson (Army) versus LT. COL DEVENDRA SINGH (RETD.) .....Respondent Through: Mr. S.M. Dalal, Adv. 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 13 April 2023 passed by the Armed Forces Tribunal1 in OA 1287/2021 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. 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 13403/2025 Page 1 of 8 KUMAR Signing Date:03.09.2025 12:52:33 3. Nonetheless, we have heard Mr. Shashank Dixit, 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 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 Army. The declaration reads thus: 4. Did you suffer from any disability mentioned in question 2 or anything like it before joining the Arm