PAWAN KUMAR vs UNION OF INDIA & ORS

Judgment text excerpt

$~186 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3256/2021 PAWAN KUMAR .....Petitioner Through: Mr. Amit Nahata and Mr. M.T. Reddy, Advs. versus UNION OF INDIA & ORS .....Respondents Through: Mr. Naginder Benipal, SPC with Mr. Ankit Siwach, Mr. Udit Vaghela, Mr. Jaskaran Singh, Mr. Saarthak Sethi and Mr. Arjun Baliyan, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 14.10.2025 OM PRAKASH SHUKLA, J 1. The present writ petition under Article 226 of the Constitution of India seeks a direction to the respondents to grant the petitioner disability compensation as per Golden Jubilee Seema Prahari Kalyan Kavach and Disability lumpsum compensation in lieu of disability pension along with interest for the period of delay. 2. The facts in brief are that the petitioner was serving as Head Constable in BSF and was posted on border post Jagdish. It is stated that on 09.04.2015, while discharging his duties, the petitioner’s right ankle got injured. Thereafter, he was immediately taken to the Government Hospital, Ferozpur wherein he was diagnosed with a Bimalleolar fracture of the right ankle. It is stated that the petitioner underwent open reduction and internal fixation (ORIF) for the said Signature Not Verified Signed By:PREETI W.P.(C) 3256/2021 Page 1 of 7 Signing Date:17.10.2025 15:40:54 fracture. It is further stated that during his leave period at his hometown, petitioner consulted Civil Hospital, Rewari, where a board of medical officers was constituted, comprising of a Civil Surgeon, Orthopaedic Surgeon and Senior Medical Officer who assessed the petitioner’s disability at 11% vide Certificate No. 348 dated 19.04.2017. 3. Thereafter, a Court of Inquiry1 was convened to investigate the circumstances surrounding