UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF DEFENCE & ORS. vs MWO (HFO) RAMESH PATIL BUDHA (NO.210604)(RETD)

Judgment text excerpt

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13922/2025, CM APPL. 56991/2025 & CM APPL. 56992/2025 UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF DEFENCE & ORS. .....Petitioners Through: Mr. Bhagwan Swarup Shukla, CGSC with Mr. Pradyumn Singh, Mr. Yash Nataliya and Mr. Praveen Gupta, Advs. Ms. Manisha Agrawal Narain, CGSC with Mr. Navneet Saharan and Mr. Nipun Jain, Advs. versus MWO (HFO) RAMESH PATIL BUDHA (NO. 298310) (RETD) .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 11.09.2025 C. HARI SHANKAR, J. 1. This petition assails order dated 24 September 2024 passed by the Armed Forces Tribunal1 in OA 3438/2023 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%, lifelong, 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) 13922/2025 Page 1 of 7 KUMAR Signing Date:15.09.2025 16:26:38 v Ex Sub Gawas Anil Madso2. 3. Nonetheless, we have heard Mr. Bhagwan Swarup Shukla, 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 Air Force for over 39 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 t