UNION OF INDIA vs IC-44476M COL LAXMI CHAND DAHIYA(RETD)

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13784/2025 and CM APPLs. 56469-70/2025 UNION OF INDIA .....Petitioner Through: Mr. Jagdish Chandra, CGSC versus IC-44476M COL LAXMI CHAND DAHIYA (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 21 April 2023 passed by the Armed Forces Tribunal1 in OA 1208/2020 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% with effect from the date of his discharge, 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. 3. Nonetheless, we have heard Mr. Jagdish Chandra, learned 1 “the AFT”, hereinafter W.P.(C) 13784/2025 Signature Not Verified Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:10.09.2025 19:28:01 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 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 mentioned in Question 3 or anything like it before joining the Armed Forces? If so give details and dates: NO The correctness of this declara