Kuldeep vs Union of India on 16 October 2026

ORDER

The applicant was discharged on 31.10.2023 because he was in a permanent low medical category and no sheltered appointment was available for him. The Medical category had been permanently downgraded on account of disability of ‘Chronic Viral Hepatitis B Without Delta Agent’, the extent of which was assessed to be 05% and attributable to military service. Claim for grant of disability element was rejected because the extent thereof was less than 20%.

Learned counsel for the applicant has submitted that the discharge of the applicant amounted to deemed invalidment. Thus, the applicant was entitled to grant of disability element @ 50%, even if, the extent of disability was less than 20%. 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’