Pawan Kumar Gupta vs Union Of India & Ors.

Court
Delhi High Court

$~81
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: 30 October, 2026
# CNR No. DLHC010326062026
+ W.P.(C) 10120/2026
PAWAN KUMAR GUPTA .....Petitioner
Through: Mr. Abhay Kumar Bhargava and Mr.
Ajinkya Dhalwade, Advocates.

versus

UNION OF INDIA & ORS. .....Respondents
Through: Ms. Avshreya Pratap Singh Rudy,
CGSC with Ms. Ushal Jamnal, Ms. Nyasa Sharma,
Mr. Abhinav Mall and Ms. Nishtha Dhall,
Advocates.

CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
HON'BLE MR. JUSTICE GURVINDER PAL SINGH
JUDGEMENT
JYOTI SINGH, J. (ORAL)
CM APPL. 47026/2026 (seeking permission to file lengthy synopsis and list
of dates)

1. This application is filed on behalf of the Petitioner seeking permission
to file lengthy synopsis and list of dates.
2. For the reasons stated in the application, the same is allowed. List of
dates and synopsis are taken on record.
3. Application stands disposed of
W.P.(C) 10120/2026
4. This writ petition is filed on behalf of the Petitioner under Article 226
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:09.11.2026
17:22:06
W.P.(C) 10120/2026 Page 1 of 8


of the Constitution of India seeking direction to the Respondents to grant ex-
gratia compensation to the Petitioner in terms of Office Memorandums
(OMs) dated 21.04.2011 and 07.06.2017, issued by Respondent No. 1 along
with interest @ 9% p.a. from 20.03.2023, when Petitioner was invalidated
from service.
5. Case of the Petitioner as pleaded in the writ petition is that Petitioner
was appointed as Constable (GD) in BSF after being declared completely
medically fit in all respects upon clearing the Detailed Medical Examination
at the time of enrolment with no pre-existing disease or disability. During
service, Petitioner was diagnosed with ‘Paranoid Schizophrenia Disease’ by
the Medical Board held on 21.12.2022, duly approved by IG (Medical) and
the disability was assessed at 45%. Resultantly, Petitioner was placed in
Permanent Low Medical Category S5H1A1P1E1 and declared unfit for
further service in BSF. On 02.02.2023, show cause notice was issued to the
Petitioner under Rule 25 of BSF Rules, 1969 proposing to invalidate him
from service and calling upon him to represent within 15 days. By order
dated 17.03.2023, Petitioner was invalidated from service w.e.f. 20.03.2023
and while invalid pension was sanctioned, disability pension was not
granted. In the present petition, Petitioner seeks ex-gratia compensation
payable under OMs dated 21.04.2011 and 07.06.2017.
6. Learned counsel for the Petitioner submits that Petitioner is entitled to
ex-gratia compensation in light of OMs dated 21.04.2011 and 07.06.2017
issued by Respondent No.1 as he was invalidated from service owing to the
disability contracted during BSF service. Though it is true that Medical
Board in the instant case has opined that the disability was not related to
military service, however, it cannot be overlooked that Petitioner was
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:09.11.2026
17:22:06
W.P.(C) 10120/2026 Page 2 of 8


medically fit at the time of enrolment and there was no pre-existing illness.
The disability developed during the course of service and this formed the
basis of Petitioner being declared unfit and his invalidation from service.
Petitioner performed his duties without any complaint and in the absence of
any note or record at the time of his enrolment that Petitioner was not in
sound medical health, any deterioration in health or any illness that was
contracted during service, must be presumed to have arisen due to service. It
is urged that albeit the Medical Board held on 21.12.2022 opined that the
disability was neither attributable to nor aggravated by service, it was held
that the disability was contracted in service. The case of the Petitioner is
covered by the judgment of the Supreme Court Dharamvir Singh v. Union
of India and Others, (2013) 7 SCC 316, where it was held that a member of
the Force is to be presumed in sound physical and mental condition upon
entering service if there was no note or record at the time of entrance to
show otherwise. In the event of his subsequently being discharged from
service on medical grounds, any deterioration in his health is to be presumed
due to service and the onus of proof is not on the employee but on the
employer to establish that deterioration in health was not due to service
conditions. If medical opinion holds that the disease has not arisen in service
or aggravated by it, it is required to state the reasons. Since Petitioner was
medically fit at the time of enrolment, his disability ‘Paranoid Schizophrenia
Disease’ shall be presumed to be aggravated, even if not attributable and
therefore, case of the Petitioner is also covered by the judgment in Kalu
Ram v. Union of India and Others, 2025 SCC OnLine Del 9748 for grant
of ex-gratia compensation.
7. Learned counsel for the Respondents submits that Petitioner is not
Signature Not Verified
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By:KAMAL KUMAR
Signing Date:09.11.2026
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W.P.(C) 10120/2026 Page 3 of 8


entitled to ex-gratia compensation since the Medical Board held on
21.12.2022 opined that the disability incurred by the Petitioner being
‘Paranoid Schizophrenia Disease’ was neither attributable to nor aggravated
by service in BSF and primacy has to be given to the findings and opinion of
the Medical Boards. It is argued that in the absence of the disability being
attributable to or aggravated by service, ex-gratia compensation cannot be
granted under OM dated 21.04.2011, as this is the pre-condition.
8. We have heard counsels for the parties and examined their
submissions.
9. Petitioner was enrolled in BSF in 2007 after being declared
completely medically fit in all respects and clearing the stringent medical
examination at the time of enrolment and there was no note in the record
that Petitioner suffered from any pre-existing disease or disability.
Admittedly, the Medical Board assessed the Petitioner as suffering from
‘Paranoid Schizophrenia Disease’ and recommended invalidation from
service. The disability was assessed at 45% and basis the recommendation,
Petitioner was invalidated from service vide order dated 17.03.2023 w.e.f.
20.03.2023 with permissible pensionary benefits but neither disability
pension nor ex-gratia compensation were granted to him and this decision
was based on the ground that disability incurred by the Petitioner was
neither attributable to nor aggravated by service conditions, as opined by the
Medical Board.
10. The question for consideration before this Court is whether in the
absence of a finding by the Medical Board that the disability of the
Petitioner was attributable or aggravated due to BSF service, Petitioner can
be granted ex-gratia compensation. There is no doubt that OM dated
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By:KAMAL KUMAR
Signing Date:09.11.2026
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W.P.(C) 10120/2026 Page 4 of 8


21.04.2011 provides that CAPFs personnel who are disabled in the
performance of their bona fide official duties under various circumstances
and are boarded out from service on account of disability attributable to or
aggravated in service, shall be paid ex-gratia compensation amounting to
Rs. 9 Lacs for 100% disability and for cases with lesser disability, the
amount of compensation will be reduced in proportion to the degree of
disability, as mentioned therein. By OM dated 07.06.2017, the amount of ex-
gratia compensation was revised. Therefore, attributability or aggravation
by service conditions, is a pre-condition for grant of ex-gratia compensation
when a member of the force incurs a disability, which leads to his medical
invalidation in service.
11. In our view, Petitioner cannot be denied ex-gratia compensation and
we say so for the reason that it is no longer res integra that a member of the
Force is to be presumed in sound physical and mental condition upon
entering service if there is no note or record at the time of entrance, which
establishes otherwise. In the eventuality of his being discharged from service
subsequently on medical ground, any deterioration in his health is to be
presumed due to service. The Supreme Court in Union of India and Others
v. Col. NC Isaac (Retd.) , 2026 SCC OnLine SC 1895, dealing with Rule 5
read with Rule 14(b) of the Entitlement Rules for Casualty Pensionary
Awards, 1982, albeit Rule 5 of Entitlement Rules, 2008 withdraws this
presumption by adding a casual connection requirement, held that mere
addition of casual requirement and removal of presumption that when a
member joins service healthy and leaves with a disability, it ought to be
attributable to the military service, does not, by itself, change the core
scheme of Entitlement Rules, 2008, because the other beneficial provisions
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:09.11.2026
17:22:06
W.P.(C) 10120/2026 Page 5 of 8


broadly remain untouched.
12. Reading of the aforesaid judgment as also the earlier judgment in
Dharamvir (supra), leaves no doubt that it is now well settled that if an
individual enters the military service with no note in the record of any pre-
existing illness or disease, it shall be presumed that he was in sound physical
and mental condition upon entering service and any subsequent
discharge/invalidation from service on medical ground(s), owing to
deterioration of health shall be presumed to be due to service. The onus of
proof will be on the employer to show that the disability was not due to
service. In the present case, there is no record that Petitioner was suffering
from any disability when he was enrolled in BSF in 2007. It was on
21.12.2022 that the Medical Board diagnosed that Petitioner was suffering
from ‘Paranoid Schizophrenia Disease’ and recommended his invalidation.
Therefore, applying the aforesaid judgments and in the absence of the
Respondents discharging the onus of showing that the disability was neither
attributable to nor aggravated by BSF service, presumption will be that the
disability was aggravated, even if not attributable to service. It may also be
noted that the Medical Board had opined that the disability was contracted in
service and therefore, to this extent case of the Petitioner is also covered by
the judgment of this Court in Shatrughana Pingua v. Union of India &
Others, 2025 SCC OnLine Del 9975, where the Court held that so long as
the disability was contracted in service and was owing to circumstances
beyond the control of the individual and sans evidence to the contrary, the
law laid down in Dharamvir (supra) will apply. A mere opinion of the
Medical Board that disability is not attributable to service without
identifying another attributable cause for the ailment, will be insufficient.
Signature Not Verified
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By:KAMAL KUMAR
Signing Date:09.11.2026
17:22:06
W.P.(C) 10120/2026 Page 6 of 8


Therefore, in our view, the pre-condition in OM dated 21.04.2011 that
Petitioner ought to have been boarded out of service on account of disability
attributable to or aggravated by service, stands satisfied in the present case.
For ready reference opinion of the Medical Board held on 21.12.2022 is as
follows:-
“ PART-II OF MEDICAL BOARD PROCEEDINGS
No. 072541267 Rank CT/GD Name Pawan Kumar Gupta of FTR HQ
BSF SB
1. Findings of the Board in brief (if different from the findings mentioned
in part -1): NIL
2. Opinion of the board:-
The Board having examined No. 072541267 Rank CT/GD Name Pawan
Kumar Gupta of FTR HQ BSF is of the opinion that he is suffering from
" Paranoid Schizophrenia Disease ” and is considered UNFIT fXor further
service in BSF.



13. Ministry of Home Affairs, Government of India issued OM dated
21.04.2011 which stipulated that CAPFs personnel, who are disabled in the
performance of their bona fide official duties under various circumstances
and are boarded out from service on account of disability attributable to or
aggravated by service, shall be paid ex-gratia compensation amounting to
Rs.9 lakhs for 100% disability and for cases with lesser percentage, the
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:09.11.2026
17:22:06
W.P.(C) 10120/2026 Page 7 of 8


amount may be reduced in proportion to the degree of disability. By OM
dated 07.06.2017, the amount of compensation of Rs. 9 lakhs was revised to
Rs.20 lakhs with effect from 01.01.2016 for 100% disability on the basis of
th
7 CPC recommendations and for cases for lesser disability, the amount of
compensation was reduced in proportion to the degree of disability. In Kalu
Ram (supra), Petitioner was found to be suffering from Severe Depressive
Disorder with Psychotic Symptoms and the disability was assessed at 40%.
Court granted ex-gratia compensation to the Petitioner relying on the two
OMs. In this context, we may allude to the judgment of another Division
Bench in Hari Prakash v. Union of India and Others, 2026 SCC OnLine
Del 2256. We may also note that in Union of India & Another v Rajbir
Singh, 2015 SCC OnLine SC 119 and several judgments of this Court,
including in Roshan Lal v. Union of India and Others, 2022 SCC OnLine
Del 4867, ‘ Schizophrenic Disorder’ has been held attributable to military
service.
14. Accordingly, we allow this writ petition, directing Respondents No. 2
and 3 to grant ex-gratia compensation to the Petitioner in terms of OMs
dated 21.04.2011 and 07.06.2017 within eight weeks from today, failing
which the arrears shall carry interest @ 12% p.a. from the date of
Petitioner’s invalidation from service till actual payment.

15. Writ petition stands disposed of.

JYOTI SINGH, J


GURVINDER PAL SINGH, J
OCTOBER 30, 2026/AK
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:09.11.2026
17:22:06
W.P.(C) 10120/2026 Page 8 of 8