UNION OF INDIA & ORS. vs EX SGT DULAL DAS

Judgment text excerpt

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3336/2025, CM APPL. 15773/2025 & CM APPL. 15774/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Rohan Jaitley, CGSC with Mr. Dev Pratap Shahi, Mr. Varun Pratap Singh, Mr. Yogya Bhatia, Advs. versus EX SGT DULAL DAS .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 18.03.2025 C. HARI SHANKAR, J. 1. The respondent was enrolled in the Indian Air Force1 on 17 December 1998. It is not in dispute that, at the time of enrolment, he was physically fit and not suffering from any medical disease or disability. 2. On 2 September 2012, while performing night QRT drill, he met with an accident. He was treated for the accident at the Military Hospital, Deolali. 1 “IAF” hereinafter Signature Not Verified W.P.(C) 3336/2025 Page 1 of 10 Digitally Signed By:AJIT KUMAR Signing Date:20.03.2025 18:34:56 3. After the treatment, he was examined by the Release Medical Board2, who certified that he was suffering from ID Anterior Cruciate Ligament Tear with Medial and Lateral Meniscus Tear (Lt) Knee (old), assessed at 20%. The assessment of the injury at 20% was, however, reduced to 10%, on the ground that the respondent had refused to subject himself to surgery. 4. It appears that, thereafter, the respondent, at his own request, was discharged from the IAF. Thereafter, the respondent applied for release of disability pension. 5. The request was declined by the petitioners on 23 July 2019 on the ground that, as per Regulation 1533 of the 1961 Pension Regulations applicable to the IAF, disability pension was payable only if the disability suffered was 20% or more and was attributable to air force service. 6. While the petitioner did not join issue with the respond