Rohtas Kumar vs Union of India on 15 October 2026

ORDER

JUSTICE SUDHIR MITTAL, MEMBER (JUDICIAL)

The applicant was discharged from service on 30.04.2020. He was in a permanent low medical category on account of disabilities of (a) ‘Diabetes Mellitus Type- II’, the extent of which was assessed to be 20% for life but neither attributable to nor aggravated by military service, (b) ‘Primary Hypertension’, the extent of which was assessed to be 30% for life but neither attributable to nor aggravated by military service and (c) ‘Alcoholic Fatty Liver Disease’, the extent of which was assessed to be 05% for life but neither attributable to nor aggravated by military service. Since all the disabilities were assessed to be neither attributable to nor aggravated by military service, claim for grant of disability element was rejected.

2. Learned counsel for the applicant confines his claim to grant of disability element for the disability of ‘Primary Hypertension’ only. For the said relief, he has placed reliance upon judgement dated 06.12.2024 of this Regional Bench passed in OA No. 861 of 2022 titled as Ex. MWO Bhupinder Singh Versus Union of India and Other.

MA 1523 of 2025 in OA 1647 of 2023 Rohtas Kumar Vs. UOI & Ors. …2/-

3. Learned counsel for the respondents is unable to distinguish this case from the case of Ex. MWO Bhupinder Singh (supra).

4. Accordingly, Original Application is allowed. The applicant is held entitled to grant of disability element for the disability of ‘Primary Hypertension’ @ 30% rounded off to 50% w.e.f. 01.05.2020 for life. Corrigendum Pension Payment Order be issued within a period of three months from the date of receipt of certified copy of this order by the learned counsel for respondents/OIC Legal Cell. Arrears be also paid within the same period failing which they shall become payable with interest @ 6% per annum.

(Lt Gen (Dr) Ranbir Singh)

(Justice Sudhir Mittal) Member (A)

Member (J)

15th Oct, 2026 ‘b’ REPORTABLE : NO