C P TRIVEDI vs UNION OF INDIA AND ORS

Judgment text excerpt

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5280/2022 C P TRIVEDI .....Petitioner Through: Mr. Ankur Chhibber, Mr. Nikunj Arora, Mr. Anshuman Mehrotra, Mr. Amrit Koul and Ms. Muskaan Dutta, Advs. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Vijay Joshi, CGSC with Mr. Kuldeep Singh, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 26.11.2025 C. HARI SHANKAR, J. 1. By the present writ petition, the petitioner challenges order dated 8 March 2022, whereby the petitioner’s representation for grant of medical invalidation and disability pension was rejected by the respondents. 2. The petitioner was appointed as Assistant Commandant with the Border Security Force1 in 1987. He was promoted as Deputy Commandant in 1993 and 2IC2 in 2002. 3. On 30 August 2003, when carrying out an operation to flush out a militant from a house in Srinagar, he sustained multiple splinter injuries in his lower and upper limbs. He underwent surgery for the 1 “BSF” hereinafter 2 Second In Command Signature Not Verified W.P.(C) 5280/2022 Page 1 of 11 Digitally Signed By:AJIT KUMAR Signing Date:27.11.2025 20:26:40 said injury at the Government Bone and Joint Surgery Hospital, Barzulla, Srinagar, Jammu and Kashmir and, thereafter, at AIIMS, New Delhi. 4. The disability that the petitioner suffered as a consequence of the aforesaid injury was initially assessed at 18% and the petitioner was placed in SHAPE-2 category. Subsequently, on 1 July 2005, the petitioner’s disability was assessed at 50 to 54% of permanent nature and he was downgraded to SHAPE-3 category. He was paid a lump sum amount of ₹ 29,20,133/- as compensation. 5. The petitioner was, thereafter, detailed to lead an ad hoc battalion for election duty in Bandipu