UNION OF INDIA & ORS. vs SUB HONY LT RAJESH KUMAR RETD

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13780/2025 and CM APPLs.56463/2025 and 56464/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Rohan Jaitley CGSC with Mr Dev Pratap Shahi, Mr. Varun Pratap Singh, Advs and Maj Anish Muralidhar versus SUB HONY LT RAJESH KUMAR RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL ) % 09.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 19 April 2024 passed by the Armed Forces Tribunal1 in OA 1699/2023 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% disability, rounded off to 50% for life, have been allowed by the AFT. 2. The issue is covered by a recent decision authored by one of us (C. Hari Shankar J.) in UOI v Ex Sub Gawas Anil Madso2. 1 “the AFT”, hereinafter W.P.(C) 13780/2025 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:10.09.2025 19:28:01 3. Nonetheless, we have heard Mr. Rohan Jaitley, learned CGSC for the petitioner, 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 30 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 correctness of