UNION OF INDIA & ORS. vs WO BINOD KUMAR SAH (RETD)

Judgment text excerpt

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3918/2025, CM APPL. 18166/2025 & CM APPL. 18167/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Jivesh Kr. Tiwari, CGSC. versus WO BINOD KUMAR SAH (RETD) .....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 Air Force1 on 19 August 1985 as Instrument Fitter. 22 years after he had joined service, he was diagnosed, in March 2007, as suffering from primary hypertension. He was, therefore, placed in Low Medical Category A4 G2(P). He was released from Air Force Service on 25 January 2021, and superannuated on 31 October 2021, after serving the IAF for over 36 years. 2. The Release Medical Board2, which assessed the respondent on 25 January 2021, found him to be suffering from 30% disability for 1 “IAF” hereinafter 2 “RMB” hereinafter W.P.(C) 3918/2025 Page 1 of 10 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:07.04.2025 20:57:54 life, 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 13 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 positi