UNION OF INDIA THROUGH SECRETARY, MINISTRY OF DEFENCE & ORS. vs EX 770906 SGT PK RAJESH

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14574/2025, CM APPL. 59821/2025 & CM APPL. 59822/2025 UNION OF INDIA THROUGH SECRETARY, MINISTRY OF DEFENCE & ORS. .....Petitioners Through: Mr. Madhav Krishna Dubey, SPC for UOI versus EX 770906 SGT PK RAJESH .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 19.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 6 November 2023 passed by the Armed Forces Tribunal1 in OA 953/2022 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, 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. Madhav Krishna Dubey 1 “the AFT”, hereinafter 2 2025 SCC OnLine Del 2018 W.P.(C) 14574/2025 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:23.09.2025 18:19:55 learned Senior Panel 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 Air Force for over 22 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 Air Force. The declaration reads thus: 3. Did you suffer from any disability mentioned in question 2 or anything like it before joining the Armed Forces? If so give details an