Disability Attributable to Military Service Prevails Over Aggravated Pre-existing Conditions for Reserved Ex-Servicemen Category Appointments

The Petitioner and Respondent No. 4, both ex-servicemen, applied for the post of Assistant at United India Insurance Company Ltd. under the "Disabled Ex-Servicemen" (DISXS) category

The advertisement dated 14.12.2023 defined DISXS as those disabled in operations against the enemy or in disturbed areas

Respondent No. 4 was selected with 114.38 marks, while the Petitioner scored 96.88 marks

The Petitioner challenged the selection, contending that Respondent No. 4’s disabilities were diagnosed at peace stations and thus did not meet the advertisement's criteria

Medical records revealed that Respondent No. 4 had two disabilities "attributable to" and one "aggravated by" Army service, whereas the Petitioner’s disability was deemed a genetic predisposition "not attributable to" but only "aggravated by" service

1. Whether Respondent No. 4 is eligible for the benefit of reservation under the "Disabled Ex-Servicemen" category despite being diagnosed at a peace station

2. Whether the Petitioner has a superior claim to the appointment based on the nature of his disability and the terms of the advertisement

Clause 5(b) of the recruitment advertisement dated 14.12.2023, which defines eligibility for disabled ex-servicemen

Government of India Office Memorandum dated 25.12.2025, which provides priority in Group C and D posts to ex-servicemen whose disability is "attributable to military service," regardless of whether it occurred during war or peace time

The principle that the employer must be guided by the "attributability" findings recorded in the discharge certificates issued by Army Medical Boards to determine eligibility for reservation

The Court reasoned that the employer (United India Insurance Co.) lacks an independent mechanism to verify disabilities and must rely on the Army's discharge certificates

A comparative perusal showed that Respondent No. 4’s disabilities were certified as "attributable" to service, whereas the Petitioner’s condition was genetic and "not attributable"

The Court found that even if the Office Memorandum of 2025 were applied, Respondent No. 4 met the criteria as his disability was attributable to military service

Furthermore, Respondent No. 4 secured significantly higher marks (114.38) compared to the Petitioner (96.88); thus, even if both were equally eligible under the DISXS category, Respondent No. 4 held a superior claim based on merit

It concluded that a disability suffered during peace time makes a person eligible for DISXS benefits provided it is certified as attributable to Army service

The writ petition was dismissed, the interim order staying the appointment was vacated, and the employer was granted liberty to proceed with the appointment of selected candidates according to merit