UNION OF INDIA & ORS. vs EX SGT UTTAM KUMAR RAK

Judgment text excerpt

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 29.01.2026 + W.P.(C) 14905/2025 UNION OF INDIA & ORS. .....Petitioners Through: T.P. Singh, SPG versus EX SGT UTTAM KUMAR RAK .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) CM APPL. 61342/2025 (Exemption) 1. Exemption is allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 14905/2025 & CM APPL. 61341/2025 3. The present writ petition has been filed under Article 226 of the Constitution of India against the order dated 23.11.2023 passed by the Armed Forces Tribunal, Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A’] No. 182/2019 titled as Ex SGT Uttam Kumar Rai vs. Union of India & Ors. 4. The relevant facts, briefly stated, giving rise to the present writ petition are as follows: 4.1. The respondent, having been found medically and physically fit, was enrolled in the Indian Air Force on 18.11.1996 and was discharged from service on 30.11.2016 in low medical category A4G4(P). Signature Not Verified Signed By:MOHIT W.P. (C) 14905/2025 Page 1 of 9 Signing Date:09.02.2026 19:16 Before the discharge, the Release Medical Board [‘RMB’] held on 02.05.2016 assessed the respondent’s disabilities - (i) Degenerative Disc Disease L4-L5 and L5-S1 (Old) at 20% for life [‘first disability’], (ii) Fracture Neck of 2nd, 3rd, 4th Metatarsal (RT) (Old) at 20% for life [‘second disability’] and (iii) Fracture Patella (RT) (OPTD) (OLD) at 30% for life [‘third disability’], compositely assessed at 60% for life. 4.2. The Medical Board opined that the respondent’s first disability was conceded to have been aggravated by military service; and the respondent’s third