Rakesh Kumar vs Union of India on 15 October 2026

ORDER

The applicant was discharged on completion of terms of engagement on 30.09.2025. He was in a Permanent Low Medical Category on account of disability of Bronchial Asthma, the extent of which was assessed to be 5% for life but neither attributable to nor aggravated by military service. Thus, claim for grant of disability element was rejected.

Learned counsel for the applicant has relied upon Categorization Medical Boards dated 05.02.2022 and dated 30.09.2022 (collectively annexed as Annexure A-2) to submit that the earlier Board had assessed the disability to have been aggravated by military service and the later Board had assessed the same to be 20%. The RMB could not have taken a different view without considering the earlier finding. Notice. JS Lalli, DSGI, accepts notice on behalf of the respondents and waives service and seeks time to file reply.

Adjourned to 01.04.2027.

(Lt Gen (Dr) Ranbir Singh)

(Justice Sudhir Mittal) Member (A)

Member (J)

15thOct, 2026 RR