Delhi HC Orders Ex-Gratia For Invalidated BSF Head Constable After Board Found His 35% Bipolar Disability Aggravated By Service Stress

In brief

The question

1. Whether a BSF member invalidated from service with a 35% disability aggravated by service-related stress and strain is entitled to ex-gratia compensation under the applicable OMs.

The court held

The Court allowed the writ petition and directed Respondents Nos. 2 and 3 to disburse ex-gratia compensation in accordance with the OMs dated 21 April 2011 and 7 June 2017 within eight weeks.

It also directed

If payment was not made within that period, the amount would carry interest at 12% per annum from the date of discharge until actual payment.

The petition was disposed of.

01Facts

Ram Singh was appointed as a Head Constable (GD) in the BSF in 2005 after being declared medically fit.

p. 3

During service, he was diagnosed with Bipolar Affective Disorder; the Medical Board assessed his permanent disability at 35% and found it aggravated by the stress and strain of service.

p. 3, 5

He was invalidated from service on medical grounds on 25 May 2024, with admissible pensionary benefits.

p. 2

He petitioned under Article 226 seeking ex-gratia compensation under Ministry of Home Affairs Office Memorandums (OMs) dated 21 April 2011 and 7 June 2017.

p. 2

The Respondents did not dispute that the OMs and the judgment in Kalu Ram v. Union of India applied to his case.

p. 3

02Issues

i.1. Whether a BSF member invalidated from service with a 35% disability aggravated by service-related stress and strain is entitled to ex-gratia compensation under the applicable OMs.

pp. 5–6 · ¶ 9–10

ii.2. Whether the Respondents should be directed to pay that compensation, with interest if payment is delayed.

p. 6 · ¶ 11

03Law Applied

The OM dated 21 April 2011 provides ex-gratia compensation to CAPF personnel boarded out due to disability attributable to or aggravated by service, at ₹9 lakh for 100% disability and proportionately less for a lower percentage of disability; the OM dated 7 June 2017 revised the 100% amount to ₹20 lakh with effect from 1 January 2016, retaining proportionate reduction for lesser disability.

p. 5 · ¶ 9

The Court applied Kalu Ram v. Union of India and Others, 2025 SCC OnLine Del 9748, and Hari Prakash v. Union of India and Others, 2026 SCC OnLine Del 2256, as supporting entitlement to ex-gratia compensation where the Medical Board’s findings establish a qualifying disability aggravated by service.

pp. 5–6 · ¶ 9–10

04Reasoning

The Medical Board’s findings—that Ram Singh had a permanent 35% disability and that it was aggravated by the stress and strain of service—formed the basis of his invalidation, and the Respondents accepted those findings.

pp. 3–5 · ¶ 7–8

The Court therefore held that the Respondents could not dispute either the disability or its service-related aggravation for the purpose of the compensation claim.

p. 4 · ¶ 8

Applying the OMs and the cited Division Bench decisions, the Court concluded that Ram Singh’s case fell within the compensation scheme.

pp. 5–6 · ¶ 9–10

05Holding

The Court allowed the writ petition and directed Respondents Nos. 2 and 3 to disburse ex-gratia compensation in accordance with the OMs dated 21 April 2011 and 7 June 2017 within eight weeks.

p. 6 · ¶ 11

If payment was not made within that period, the amount would carry interest at 12% per annum from the date of discharge until actual payment.

p. 6 · ¶ 11

The petition was disposed of.

p. 6 · ¶ 12

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