UNION OF INDIA & ORS. vs SUB MAJ OM CHAND RETD

Judgment text excerpt

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13603/2025, CM APPL. 55790/2025, CM APPL. 55791/2025 & CM APPL. 55792/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Umesh Kumar Burnwal, Mr. Dhruv Tiwari and Ms. Sneha Shreya, Advs. for UOI with Major Anish Muralidhar and Capt Karolin Johnson Mr. Om Singh Punia and Mr. Ashish Punia, Advs. versus SUB MAJ OM CHAND RETD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 04.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 31 January 2023 passed by the Armed Forces Tribunal1 in OA 972/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% rounded off to 50% 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 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 13603/2025 Page 1 of 8 KUMAR Signing Date:08.09.2025 11:36:45 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Umesh Kumar Burnwal, learned Counsel 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 Arme