UNION OF INDIA & ORS. vs EX PO LOG SC MANISH KUMAR SINGH

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3955/2025, CM APPL. 18415/2025, CM APPL. 18416/2025 & CM APPL. 18417/2025 UNION OF INDIA & ORS. .....Petitioners Through: Ms. Arunima Dwivedi, CGSC with Ms. Kritika Sharma and Mr. Saiyam Bhardwaj, Advs. versus EX PO LOG SC MANISH KUMAR SINGH .....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 26 February 1996. 17 years after he had joined service, he was diagnosed, in October 2013, as suffering from Diabetes Mellitus2 Type II. He was, therefore, placed in Low Medical Category. He was discharged from service on 30 June 2019 after serving the INS for over 23 years, 4 months and 4 days of regular service. 1 “INS” hereinafter 2 “DM” hereinafter W.P.(C) 3955/2025 Signature Not Verified Page 1 of 10 Digitally Signed By:AJIT KUMAR Signing Date:08.04.2025 13:34:14 2. The Release Medical Board3, which assessed the respondent on 6 February 2019, found him to be suffering from 40% disability for life, but opined that the disability 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 around 6 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. (ii