Shayam Sunder Thakur vs Union of India on 16 October 2026

ORDER

The applicant was discharged on 30.04.2024. He was in a permanent lo medical category on account of disabilities of (a) ‘PIVD C5-C6’, the extent of which was assessed to be 25% for life but neither attributable to nor aggravated by military service and (b) ‘Primary Hypertension’, the extent of which was assessed to be 05% for life but neither attributable to nor aggravated by military service. Since both the disabilities were assessed to be neither attributable to nor aggravated by military service, claim for grant of disability element was rejected.

Learned counsel for the applicant relies upon Categorization Medical Board dated 13.06.2016 (Annexure A-2), to submit that the said Board had assessed the disability of ‘Primary Hypertension’ to have been aggravated by military service and the extent was found to be 30%. The Release Medical Board (RMB) was not justified in assessing the same differently without considering the earlier findings. Further, it has been submitted that he confines his prayer to grant of disability element to the disability of ‘Primary Hypertension’ only.

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Notice.

Mr. Jagjot Singh Lalli, Deputy Solicitor General of India accepts notice on behalf of respondents and waives service and seeks time to file reply. Adjourned to 02.04.2027.

(Lt Gen Ravendra Pal Singh (Retd)

(Justice Sudhir Mittal) Member (A)

Member (J)

16thOct, 2026 ‘b’