[Cites 2, Cited by 0]
Delhi High Court
Hari Prakash vs Union Of India & Ors on 19 March, 2026
Author: Manmeet Pritam Singh Arora
Bench: V. Kameswar Rao, Manmeet Pritam Singh Arora
$~101
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 19.03.2026
+ W.P.(C) 3551/2026
HARI PRAKASH .....Petitioner
Through: Mr. Abhay Kumar Bhargava and Mr.
Satyarth Sinha, Advocates
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Hussain Taqvi, SPC with Mr.
Dev Pratap Shahi, GP and Mr.
Jitendra Mishra, HC- BSF
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
MANMEET PRITAM SINGH ARORA, J. (ORAL)
1. This petition has been filed by the Petitioner with the following
prayers:-
"i. Issue a writ of mandamus or any other appropriate writ, order or
direction, directing the DG BSF to release benefits of ex-gratia
compensation in favour of the Petitioner as stipulated under Office
Memorandum dated 21.04.2011 and Office Memorandum dated
07.06.2017 issued by the Respondent No. 1 i.e., MHA along with
12% interest from the date of Medical Invalidation Board our i.e.,
14.05.2024. In the light of the judgment dated 10.12.2025 passed by
this Hon'ble Court in W.P.(C) No. 4042/2025 Titled as Kalu Ram
Vs. Union of India & Ors.
ii. Pass any other order in the interest of justice."
(Emphasis Supplied)
2. The Petitioner is seeking the benefit of ex-gratia compensation in
terms of the office memorandum dated 21.04.20111 and office memorandum
Annexed to the writ petition as Annexure P-1
dated 07.06.20172 issued by the Resettlement and Welfare Directorate of the
Ministry of Home Affairs ('MHA').
3. The relevant facts pertaining to the present case are that the Petitioner
was appointed as HC (Min) in the 8th BN BSF on 22.10.2013 and has been
invalidated on 14.05.2024 from service on medical grounds. It is a matter of
record that at the time of joining the service he did not suffer from any
disability.
4. The Petitioner appeared before the Medical Board on 14.03.2024 at
CH, BSF Kadamtala, which opined that he was suffering from 'Mixed
Anxiety Depressive Disorder' for the past eight years [8]. The Medical
Board assessed his disability at 48% permanent in nature, placed him in the
permanent medical category S5H1A1P1E1, and declared the Petitioner
permanently unfit for further service.
5. Acting upon the report of the said Release Medical Board ['RMB']
dated 14.03.2024, a show cause notice dated 13.04.2024 was issued under
Rule 25 of the Border Security Force Rules 1969 ['BSF Rules'] proposing to
terminate services of the Petitioner on the ground of physical unfitness. Vide
order dated 14.05.2024, Petitioner was invalidated from service on medical
grounds of unfitness.
A Pension Payment Order dated 18.09.2024 was issued, whereby the
Petitioner was granted the benefit of Invalidity Pension.
6. Learned counsel for the Petitioner states that the RMB has
unequivocally recorded that the disability of the 'Mixed Anxiety Depressive
Annexed to the writ petition as Annexure P-2
Disorder' was aggravated by the stress and strain of military service and the
percentage of the disability has been assessed at 48% for life. He states that
Respondents have accepted the said report of the RMB and have also relied
upon the same, to board out the Petitioner, and therefore they are bound by
the findings recorded in the said report. He states that, in an identical case,
the coordinate bench of this Court in Kallu Ram v. Union of India3
granted the ex-gratia compensation to the petitioner therein.
7. He relies upon the Office Memorandum dated 21.04.2011 and
07.06.2017 issued by MHA which entitles personnel of the Central
Paramilitary Forces, who become disabled or incapacitated on account of
causes which are attributable to or aggravated by government services, to
ex-gratia payment.
8. Issue notice. Learned counsel for the Respondents accepts notice. He
fairly states that the facts in this case are identical to the case of Kallu Ram
(supra).
9. This Court has heard the learned counsel for the parties and perused
the record as well as the judgment of the coordinate Bench in Kallu Ram
(supra).
10. In the present case, although the Petitioner joined service in 2013, his
condition of 'Mixed Anxiety Depressive Disorder' was diagnosed in March
2024, and he continued to serve in the BSF until his discharge on
14.05.2024. The RMB notes that the said disability was contracted in
W.P.(C) 4042/2025 order dated 10.12.2025: 2025: DHC: 11188-DB
service4 and though it is not attributable to the condition of service, the
RMB records that the disease has been aggravated due to stress and strain of
military service. The RMB opined that the Petitioner was permanently unfit
for further service in the BSF on account of 48% disability arising from the
said condition.
For ready reference, the report of the RMB dated 14.03.2024,
recording the findings with respect to contraction during service and
aggravation of the disease due to military service is reproduced as under:
11. As noted above, Respondents relying upon the aforesaid findings of
the RMB, invalidated the petitioner from service.
Column no. 3 of the RMB
12. In view of the unambiguous certification by the RMB that the
Petitioner's disability was aggravated by the stress and strain of the military
service, which has been accepted by the Respondents, we see no reason why
the Petitioner has been denied ex gratia compensation as per his entitlement
in terms of MHA's OMs dated 21.04.2011 and 07.06.2017.
13. In these facts, the Petitioner is clearly entitled to ex gratia
compensation in terms of the Office Memorandum dated 21.04.2011 and
07.06.2017 issued by MHA. The Petitioner has been needlessly compelled
to file the present writ petition and litigate against the Respondent, despite
his entitlement. We also note that the facts of this case are also identical to
the case of Kallu Ram (supra) and is therefore covered by the said
judgment.
14. Accordingly, the Respondent No.2 is directed to disburse, ex gratia
compensation, in terms of the aforesaid OMs dated 21.04.2011 and
07.06.2017 within four (4) weeks from today, in favour of the Petitioner,
failing which the said amount shall carry 12% interest from the date of his
discharge, i.e., 14.05.2024 till the date of actual payment.
15. The present writ petition stands allowed accordingly. Pending
applications stand disposed of.
MANMEET PRITAM SINGH ARORA, J
V. KAMESWAR RAO, J
MARCH 19, 2026/AJ
