UNION OF INDIA Vs. CDR MAHIPAL SINGH RETD

JUDGEMENT

(1.) This writ petition assails an order dtd. 5/7/2023 passed by the Armed Forces Tribunal "AFT" in OA 1677/2018 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 certified as 30% for life, rounded off to 50%. The onset of the Primary Hypertension was 34 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 Hypertension (ICD) 1.10.0 - Vide GMO-08 (Military Pension- Chapter VI Para 43"