Sriniwas vs Union of India on 16 October 2026

ORDER

JUSTICE SUDHIR MITTAL, MEMBER (J),

The case of the applicant is that the extent of disability should have been assessed to be at least 20% for life so that he could be granted disability pension. Learned counsel for the applicant has stated that the applicant was discharged on 31.03.1999 after serving for 15 years, 07 months and 19 days. He was in a permanent low medical category on account of disability of ‘Bilateral Nasal Polyps (OPTD)’, the extent of which was assessed by the Release Medical Board to be 15-19% and aggravated by military service. The discharge took place only because the applicant had made a request for the same. The extent of disability should have been assessed to be 20% or more because the applicant was holding the rank of Havildar and would have served for 24 years had he remained in service. It is, thus, evident that his service was cut short. Accordingly, the disability has to be considered as a case of invalidment and the judgment of the Hon’ble Supreme Court in CA

OA 580 of 2026 -2-

No.5605 of 2010, Sukhvinder Singh Vs. Union of India and Others decided on 25.06.2014 would apply. The submission does not impress us. The discharge documents of the applicants are not on record. As per the arguments raised by learned counsel for the applicant, the discharge was at own request. Thus, the discharge cannot be considered to be a case of invalidment because it was not on account of unwillingness to continue to serve against a sheltered appointment. For this reason, the judgment of Sukhvinder Singh (supra) will not apply as in the said case, the applicant therein had been invalided from service and that too within a couple of months after his enrolment. The RMB has assessed the extent of disability to be 15-19% and as per the Rules and Regulations in force, the applicant could not have been granted the disability element unless the extent thereof was at least 20%. In view of the above, no interference is called for. The Original Application has no merit and is dismissed.

(Lt Gen Ravendra Pal Singh (Retd)

(Justice Sudhir Mittal) Member (A)

Member (J)

16th Oct, 2026 RR