UNION OF INDIA ORS vs EX HFO PATIL RAJKUMAR DHANSINGH

Judgment text excerpt

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3567/2025 & CM APPL. 16667/2025 & CM APPL. 16668/2025 UNION OF INDIA ORS .....Petitioners Through: Ms. Archana Sharma, SPC with Mr. Divakar Upadhyay, Adv. versus EX HFO PATIL RAJKUMAR DHANSINGH ....Respondent Through: Mr. Ravi Kumar, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 01.04.2025 1. The respondent joined the Indian Air Force1 on 20 June 1983 as Radio Fitter technician. 34 years after he had joined service, he was diagnosed, in 15 November 2017, as suffering from primary hypertension. He was, therefore, placed in Low Medical Category A4 G2(P). He was superannuated on 30 November 2021, after serving the IAF for over 37 years. 2. The Release Medical Board2, which assessed the respondent on 19 March 2021, found him to be suffering from 30% disability for life, 1 “IAF” hereinafter 2 “RMB” hereinafter W.P.(C) 3567/2025 Page 1 of 10 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:09.04.2025 12:57:03 but opined that the disability (primary hypertension) was not attributable to military service. The following features of the report of the RMB are significant: (i) In the Personal Statement provided by the officer, which is not doubted or disputed by the respondent, he has specifically stated that he did not suffer from any disability before joining the armed forces. (ii) In the statement of the Commanding Officer, contained in Part-III of the RMB Report, it is acknowledged that the respondent was in low medical category only for 3 years prior to the report. No doubt, the statement also states that the duties undertaken by the respondent did not involve severe/exceptional stress or strain. (iii) Thus, it is an undisputed position that, at the t