* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19776/2025, CM APPL. 82603/2025 and CM APPL.

82604/2025

UNION OF INDIA & ORS. .....Petitioners

Through: Mr. Raj Kumar, CGSPC with Mr. Manish Kumar Singh and Mr.

Mritunjay, DAV Legal Cell Air Force,

versus

EX MWO UMESH CHANDRA MISHRA 649297

.....Respondent

Through: Mr. Baljeet Singh, Ms. Deepika

Sheoran and Mr. Abhishek Gahlyan, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT (ORAL)

% 24.12.2025

C. HARI SHANKAR, J.

1. This writ petition assails an order dated 28 August 2023 passed by the Armed Forces Tribunal, $~24 in OA 971/2019 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 41 years after the respondent joined the service. No Primary

Hypertension was noted at the time when the respondent was

recruited.

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 Hyperte