Vipin Kumar vs Union Of India & Ors.
- Court
- Delhi High Court
$~187 & 191
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: 15 October, 2026
# CNR No. DLHC010503472026
+ W.P.(C) 15445/2026
VIPIN KUMAR .....Petitioner
Through: Mr. Abhay Kumar Bhargava, Mr.
Ajinkya Dhalwade, Advocates
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Sanjay Bhatt, Deputy
Commandant (Law) BSF
191
# CNR No. DLHC010504122026
+ W.P.(C) 15484/2026
KRISHAN KUMAR .....Petitioner
Through: Mr. Abhay Kumar Bhargava, Mr.
Ajinkya Dhalwade, Advocates
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Sanjay Bhatt, Deputy
Commandant (Law) BSF
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
HON'BLE MR. JUSTICE GURVINDER PAL SINGH
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15445/2026 & other connected matter Page 1 of 6
JUDGEMENT
JYOTI SINGH, J. (ORAL)
CM APPL. 72483/2026 in W.P.(C) 15445/2026 (seeking permission to file
lengthy synopsis and list of dates)
CM APPL. 72603/2026 in W.P.(C) 15484/2026 (seeking permission to file
lengthy synopsis and list of dates)
1. These applications are filed on behalf of the Petitioners seeking
permission to file lengthy synopsis and list of dates.
2. For the reasons stated in the applications, the same are allowed. List
of dates and synopsis are taken on record.
3. Applications stand disposed of.
W.P.(C) 15445/2026
W.P.(C) 15484/2026
4. These writ petitions are filed by the Petitioners under Article 226 of
the Constitution of India seeking direction to the Respondents to grant
ex-gratia compensation to the Petitioners in terms of Office Memorandums
(OMs) dated 21.04.2011 and 07.06.2017, issued by Respondent No. 1 along
with 9% interest per annum from the date Petitioners were invalidated from
service.
5. Petitioner in W.P.(C) 15445/2026 was appointed as Constable (GD)
in BSF after being declared completely medically fit in all respects upon
clearing the Detailed Medical Examination and had no pre-existing disease
or disability. While serving in BSF, Petitioner suffered from ‘Post Traumatic
Stress Disorder with Seizure Disorder and effects of Fracture Greater
Trochanter Right Humerus (Implant in Situ)’ and Medical Board vide its
opinion dated 22.06.2022 declared Petitioner as a case of 40% permanent
disability contracted in service and aggravated due to stress and strain only
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15445/2026 & other connected matter Page 2 of 6
for PTSD. On 22.07.2022, Commandant 192 BN BSF issued show cause
notice to the Petitioner under Rule 25 of BSF Rules, 1969 informing the
Petitioner that the Medical Board had found him suffering from ‘Post
Traumatic Stress Disorder with Seizure Disorder and effects of Fracture
Greater Trochanter Right Humerus (Implant in Situ)’ and calling upon him
to submit his representation within 15 days. By order dated 06.08.2022,
Petitioner was invalidated from service on ground of physical unfitness with
all pensionary benefits as admissible.
6. Petitioner in W.P.(C) 15484/2026 was appointed as Constable (GD)
in BSF after being declared completely medically fit in all respects upon
clearing the Detailed Medical Examination and had no pre-existing disease
or disability. While serving in BSF, Petitioner suffered from Generalized
Anxiety Disorder with Panic attack and Fracture Both bone Right Leg
(Operated with Implant in Situ) and on examination by Invalidation Medical
Board on 01.08.2024, he was placed in medical category S5 and declared
medically unfit for further service albeit assessing the disability at 40%. By
order dated 24.10.2024, Petitioner was invalidated from service with
admissible pensionary benefit.
7. Learned counsel for the Petitioners submits that Petitioners are
entitled to ex-gratia compensation in light of the opinion of the Medical
Boards diagnosing them as suffering from disabilities, assessed at over 20%.
Having accepted the opinions of the Medical Boards, it is not open to the
Respondents to deny the ex-gratia payment in terms of OMs dated
21.04.2011 and 07.06.2017. It is also submitted that cases of the Petitioners
are covered by the judgment of the Division Bench of this Court in Kalu
Ram v. Union of India and Others, 2025 SCC OnLine Del 9748.
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15445/2026 & other connected matter Page 3 of 6
8. Learned counsel for the Respondents fairly and candidly does not
dispute that the cases of the Petitioners are covered by the OMs as also the
judgment in Kalu Ram (supra).
9. Petitioner in W.P.(C) 15445/2026 was diagnosed as a case of ‘Post
Traumatic Stress Disorder with Seizure Disorder and effects of Fracture
Greater Trochanter Right Humerus (Implant in Situ)’ and was invalidated
from service owing to medical unfitness. Similarly, Petitioner in W.P.(C)
15484/2026 was diagnosed as a case of Generalized Anxiety Disorder with
Panic attack and Fracture Both bone Right Leg (Operated with Implant in
Situ) and basis the opinion of the Medical Board, he was invalidated from
BSF as being medically unfit for further retention.
10. The opinions of the Medical Boards in both the cases are on record
and it is clear that the Boards have opined that the respective disabilities of
the Petitioners were contracted in service and aggravated due to stress and
strain of service albeit not attributable to conditions of service. It may be
noted that for the Petitioner in W.P.(C) 15445/2026, the finding of
attributability is restricted only for PTSD and for Petitioner in W.P.(C)
15484/2026 is restricted for Generalized Anxiety Disorder. The opinions
have been admittedly accepted by the Respondents as these form the basis of
Petitioners’ invalidation from BSF service and therefore, Respondents can
neither dispute the disabilities or their percentages nor the fact that the
disabilities were aggravated due to stress and strain of BSF service albeit to
the extent noted above.
11. 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
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15445/2026 & other connected matter Page 4 of 6
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
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), placing reliance on the two OMs as also the opinion of the
Release Medical Board which diagnosed the disability of the Petitioner as
Severe Depressive Disorder with Psychotic Symptoms and assessed the
same as 40% permanent, the Division Bench held that Petitioner was
entitled to ex-gratia compensation and observed that despite the opinion of
the Medical Board being in favor of the Petitioner, he was unnecessarily
made to litigate. 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.
12. We are of the considered view that Petitioners are entitled to ex-gratia
compensation in terms of OMs dated 21.04.2011 and 07.06.2017, in light of
the opinions of the Medical Boards diagnosing their disabilities as ‘Post
Traumatic Stress Disorder with Seizure Disorder and effects of Fracture
Greater Trochanter Right Humerus (Implant in Situ)’ and Generalized
Anxiety Disorder with Panic attack and Fracture Both bone Right Leg
(Operated with Implant in Situ), respectively, basis which they were
invalidated out and the finding that the disabilities were aggravated by stress
and strain of service. Cases of the Petitioners are squarely covered by the
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15445/2026 & other connected matter Page 5 of 6
judgments in Kalu Ram (supra) and Hari Prakash (supra).
13. Accordingly, these writ petitions are allowed, directing Respondents
No.2 and 3 to disburse the ex-gratia compensation to the Petitioners in terms
of OMs dated 21.04.2011 and 07.06.2017 within eight weeks from today,
failing which the amounts shall carry interest @ 12% p.a. from the dates of
discharge till date of actual payments.
14. Writ petitions stand disposed of.
JYOTI SINGH, J
GURVINDER PAL SINGH, J
OCTOBER 15, 2026/ AU
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15445/2026 & other connected matter Page 6 of 6