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Judgment
C. Hari Shankar, J.
The only submission of learned Counsel for the respondents is that the Primary Hypertension of the petitioner was attributable to obesity. He has drawn our attention to the following extract from the specialist report:
“OPINION
This 46 yr old officer of F (N) branch is a case of Primary Hypertension; he is tolerating prescribed medication well without any adverse effect of drug; requires continuation of medication and observation.”
There is a difference between stating that a person is obese and that he is suffering from Primary Hypertension and the Primary Hypertension is attributable to obesity. It is not that every obese person suffers from Primary Hypertension.
The principles in Dharamvir Singh v. Union of India1 and Bijender Singh v. Union of India2 are well settled.
As there is no evidence to indicate that the Primary Hypertension was attributable to obesity and no other grounds have been assigned for the Primary Hypertension, the case is fully covered by the judgment in Union of India v. Ex Sub Gawas Anil Madso3.
Accordingly, the impugned order of the Armed Forces Tribunal, which has disallowed the Petitioner’s claim to disability pension solely on the ground that he was obese, is set aside.
The petitioner is held to have been entitled to disability pension as claimed before the Tribunal.
Let disability pension be disbursed to the petitioner, reckoned from the date of his invalidation from service, within 12 weeks.