Union Of India & ORS. v. Ex Sgt. Raj Kamal Srivastava
$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19426/2025 & CM APPL. 80962/2025, CM APPL. 80963/2025 UNION OF INDIA & ORS.
.....Petitioners Through:
Dr. B. Ramaswamy, CGSC for UOI with Sgt Manish Kumar Singh and Sgt Mritunjay, DAV Legal Cell Air Force, versus EX SGT. RAJ KAMAL SRIVASTAVA .....Respondent Through:
Mr O S Punia and Mr Ashish Punia, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 22.12.2025 1.
This writ petition assails an order dated 19 July 2023 passed by the Armed Forces Tribunal1 in OA 1632/2019 whereby the respondent's prayer for disability pension has been allowed. 2.
Disability pension was sought on the ground that the respondent suffered from Primary Hypertension which was found to be 30% for life rounded off to 50%. The onset of the Primary Hypertension was 28 years after the respondent joined the service. No Primary Hypertension was noted at the time when the respondent was recruited.
1 "AFT", hereinafter
3.
The reasoning given by the Release Medical Board for holding that the respondent's Primary Hypertension was not attributable to or aggravated by service read thus:
"Primary Hypertension (Old) - An Idiopathic disorder. Onset Sep 2008 while posted in peace (Jodhpur). Prior to onset Indl served in peace station since Feb 2000 no close time association with stress/strain of FD/HAA/ClOPs service. Hence NANA in terms of Para 43/47/14 of Ch VI of GMO 2002."
4.
In 218 similar cases, in which the reasoning of the RMB is substantially the same, including Union of India v. Ex. SGT Manoj KL Retd2 and Union of India v. Rajveender Singh Mallhi3 as well as Union of India v. Ex Sub Gawas Anil Madso4, we have upheld the order of the AFT and dismissed the writ petition. 5.
Those decisions apply, mutatis mutandis, to the present case. 6.
We have not been informed that any of these decisions have been stayed or interfered with by the Supreme Court. 7.
Dr. B. Ramaswamy, learned CGSC for the Union of India fairly acknowledges that this dispute is entirely covered by the aforesaid decisions.
8.
The writ petition is accordingly dismissed.
9.
Compliance with the order of the AFT be positively ensured 2 2025 SCC OnLine Del 8442 3 2025 SCC OnLine Del 3956 4 318 (2025) DLT 711
within twelve weeks from today.
C. HARI SHANKAR, J OM PRAKASH SHUKLA, J DECEMBER 22, 2025 dsn