UNION OF INDIA THROUGH SECRETARY & ORS. vs 677635 EX WO RAJ KUMAR

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12933/2025, CM APPL. 52867/2025 & CM APPL. 52868/2025 UNION OF INDIA THROUGH SECRETARY & ORS. .....Petitioners Through: Mrs. Neha Rastogi, SPC with Mr. Animesh Rastogi and Mr. Rajat Dubey, Advs. Sgt Manish Kumar Singh and Sgt Mritunjay for Union of India, Air Force Legal Cell JWO Prashant Kaushik, DAV Legal Cell versus 677635 EX WO RAJ KUMAR .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 03.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 10 May 2023 passed by the Armed Forces Tribunal1 in OA 417/2021 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% disability have 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) 12933/2025 Page 1 of 8 KUMAR Signing Date:08.09.2025 13:09:42 3. Nonetheless, we have heard Mrs. Neha Rastogi, learned SPC 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 Air Force for over 37 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: 2 a). Did you suffer from any disability before joining the