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Judgment
C. Hari Shankar, J.
This writ petition assails an order dated 30 October 2023 passed by the Armed Forces Tribunal1 whereby the respondent's prayer for disability pension has been allowed.
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.
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:
“Onset in peace 10 May 2010. No close time association with service in Fd/CI Ops/HAA. No delay in diagnosis or treatment. Hence NANA. (Para 43, CH-VI, GMO-2008)”
In 207 similar cases, in which the reasoning of the RMB is substantially the same, including Union of India v. Ex. SGT Manoj K L 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.
Those decisions apply, mutatis mutandis, to the present case.
We have not been informed that any of these decisions has been stayed or interfered with by the Supreme Court.
This dispute is entirely covered by the aforesaid decisions.
The writ petition is accordingly dismissed.
Compliance with the order of the AFT be positively ensured within six weeks from today.