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Delhi High Court
Pramod Kumar vs Union Of India & Ors on 4 December, 2025
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10959/2025 & CM APPL. 76271/2025
PRAMOD KUMAR .....Petitioner
Through: Mr. Abhay Kumar Bhargava,
Mr. Satyaarth Sinha, Ms. Shradha Mewati,
Advs.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Viplav Acharya, Ms.
Laavanya Kaushik, Ms. Khyaati Bansal,
Advs. and Officer Abhishek Kumar Singh
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT (ORAL)
% 04.12.2025
C. HARI SHANKAR, J
1. We are extremely disturbed at the fact that despite the Review
Medical Board1 which was constituted by the respondents to examine
the case of the petitioner, with respect to attributability and
aggravation of his medical conditions vis a vis the military service that
he was undergoing, having specifically opined in the petitioner's
favour, the petitioner has unnecessarily been dragged into this
litigation, wasting the petitioner's time as well as the time of this
Court.
2. We repeatedly queried of learned Counsel for the respondents
1 "RMB" hereinafter
whether in view of the findings of the RMB, the respondents were
contesting this case. Mr. Viplav Acharya has sought instructions from
the briefing Officer present in the Court, who has instructed him to
contest this matter.
3. While we cannot fault learned Counsel for the respondents, as
he acts on instructions, we express our displeasure at the fact that, in a
case such as this, the petitioner is having to contest the matter before
the Court.
4. The claim of the petitioner relates to disability pension on the
ground of Bipolar Disorder and Varicose Veins.
5. We may note that the petitioner had initially been diagnosed as
suffering from Bipolar Disorder, Varicose Veins and Alcohol
Dependence Syndrome. Further, the claim for disability pension is
restricted to Bipolar Disorder and Varicose Veins. Following earlier
medical board proceedings, the petitioner was subjected finally to a
RMB on 8 May 2024. We may reproduce, in extenso, the report of the
RMB, thus:
" PART-II OF REVIEW MEDICAL BOARD PROCEEDINGS
No.032215205 Rank CT/GD Name PRAMOD KUMAR of 161
BN BSF
1. Findings of the Board in brief (if different from the findings
mentioned in part-1): NIL.
2. Opinion of the board:
The board having examined 032215205 Rank CT/GD
Name PRAMOD KUMAR of 161 BN BSF is of the opinion that
he is suffering from "Bipolar Affective Disorder & Alcohol use
Disorder and Varicose Vein (Rt) leg" and is considered UNFIT for
further service in BSF.
3. Was the disability 4. Was it contracted in
contracted in service? circumstance over which he
had no control?
YES Yes, for Bipolar Affective
Disorder & Varicose
vein(Rt leg)
No. for Alcohol use
Disorder.
5. Is it directly 6. If so by what specific
attributable to condition condition
of service?
NA
NO
7. If not directly 8. Medical category
attributable to service recommended.
was it aggravated
thereby and if so, by S5H1A1P2(T-24)Ε1
what condition?
Yes, due to stress and
strain for Bipolar
Affective Disorder,
training & marching
for Varicose Vein.
9. Percentage of disability 10. Period for which the above
43% (Forty Three medical category
percent) recommended
PERMANENT FOR 'S'
PERMANENT FACTOR
TEMPORARY FOR 'P'
FACTOR
11. Further 12. Next board due on
treatment/investigations
recommended Not applicable
As advised by
specialists
13. Employability restriction: Unfit for further service
6. Clearly, the petitioner has been found as suffering from 43%
permanent disability on account of Bipolar Disorder and Varicose
Veins. Bipolar Disorder has been found to be aggravated by the stress
and strain of service and Varicose veins are been found to be
aggravated by training and marching. As such, aggravation of both the
disorders, owing to the military service undertaken by the petitioner,
has been confirmed by the RMB.
7. In these circumstances, there can be no question of the
petitioner not being entitled to disability pension, as (i) the extent of
disability is in excess of 20% and (ii) both the disabilities have been
found to be aggravated by military service.
8. It is not disputed that the entitlement to disability pension would
follow if the disability is aggravated by military service, even if it is
not attributable to it. We may reproduce in this context, the relevant
clause of the Central Civil Services (Extraordinary Pension) Rules,
20232 which entitles the petitioner to disability pension:
"4. Conditions for grant of disability pension or family
pension-
*****
(2) The disablement shall be reckoned as due to the
Government service, if it is certified that the same is due to
wound, injury or disease, which-
*****
(b) existed before or arose during the Government service
and has aggravated thereby."
9. We feel that, in a case such as this, an example has to be set,
both in the interests of the Armed Forces personnel who has had to
spend valuable time seeking only for his due entitlement which is
expressly recognised even by the respondents, as well as to ensure that
judicial time is not taken up in such unnecessary proceedings.
2 "CCS (EOP) rules" hereinafter
10. We declare that the petitioner is entitled to disability pension in
terms of Rule 4(2)(b) of the CCS(EOP) Rules, both on account of the
Varicose Veins as well as the Bipolar Disorder from which the
petitioner was suffering. The respondents shall disburse disability
pension to the petitioner in terms of our order within a period of four
weeks from today.
11. The pension shall be payable from the date when the petitioner
was released on 31 May 2024. Failure to disburse the said amount
within the period of four weeks shall entitle the petitioner to further
interest @ 12% per annum on the amount till the date of actual
payment.
12. We award the petitioner an amount of ₹ 25,000/- by way of
costs, which shall be disbursed by the respondents to the petitioner
within a period of four weeks from today.
13. The petition is allowed in the aforesaid terms.
C. HARI SHANKAR, J
OM PRAKASH SHUKLA, J
DECEMBER 4, 2025/rjd
