UNION OF INDIA & ORS. vs EX LCOM (TAC) ANIL KUMAR

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3038/2025, CM APPL. 14440/2025 & CM APPL. 14441/2025 UNION OF INDIA & ORS. .....Petitioners Through: Ms. Radhika B. Dubey, CGSC with Ms. G. Kaur Waraich and Mr. Kritarth Updadhyay, Advs. versus EX LCOM (TAC) ANIL KUMAR .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 01.04.2025 C. HARI SHANKAR, J. 1. The respondent joined the Indian Naval Service1 on 22 July 2004 as a Sailor. 10 years after he had joined service, he was diagnosed, in February 2014, as suffering from Idiopathic Generalised Epilepsy2. He was, therefore, placed in Low Medical Category S3A2(P). He was discharged from INS on 31 July 2019, after serving the INS for over 15 years. 2. The Release Medical Board3, which assessed the respondent on 6 May 2019, found him to be suffering from 20% disability for life, 1 “INS” hereinafter 2 “Epilepsy” hereinafter 3 “RMB” hereinafter Signature Not Verified W.P.(C) 3038/2025 Page 1 of 8 Digitally Signed By:AJIT KUMAR Signing Date:07.04.2025 20:57:54 but opined that the disability (idiopathic generalised epilepsy) 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 naval services. (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 5 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 strai