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Ex Sgt (Dr.) Omkar Nath Katiyar vs Union Of India & Ors on 22 April, 2026

Author: V. Kameswar Rao

Bench: V. Kameswar Rao, Manmeet Pritam Singh Arora

                          $~1
                          *   IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +   W.P.(C) 2386/2026
                              EX SGT (DR.) OMKAR NATH KATIYAR                  .....Petitioner
                                               Through: Mr. Kumar Rajesh Singh & Ms.
                                                        Punam Singh, Advocates
                                               versus
                              UNION OF INDIA & ORS.                        .....Respondents
                                               Through: Mr. Viplav Acharya, Ms. Laavanya
                                                        Kaushik and Ms. Khyaati Bansal,
                                                        Advocates for UOI
                          CORAM:
                          HON'BLE MR. JUSTICE V. KAMESWAR RAO
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                                  ORDER

% 22.04.2026 CM APPL. 25159/2026 (exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

3. This review petition has been filed by the petitioner seeking review of the order dated 19.02.2026 whereby we have dismissed the writ petition by holding in paragraph 5 onwards as under:-

"5. There is no dispute that the petitioner has confined his prayer before the Tribunal to grant of disability pension in respect of the disability i.e. Renal Hypertension assessed at 20%.

6. The question arose before the Tribunal as to whether the said disability is attributable and aggravated because of military service. The Release Medical Board has held the disability is secondary in nature and that the petitioner has not been exposed to any condition which is attributable to military service.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2026 at 20:37:01

7. The Tribunal found on the basis of literature that Horseshoe Kidney which the petitioner suffered from, is congenital in origin, which was corrected through surgical interventions, and there is no causal connection between the disability and his work.

8. We are of the view that given the finding of the Tribunal, which is based on the conclusion drawn by the Review Medical Board, the impugned order does not call for any interference. As such the same is liable to be dismissed. We order accordingly."

4. Suffice to state that the review petition has been filed by the petitioner primarily on the following grounds:-

"F. Because the Learned Tribunal as well as Hon'ble High Court failed to appreciate that both the date of superannuation of the Petitioner as well as the Release Medical Board (RMB) proceedings were prior to 2008, i.e., before the coming into force of the Entitlement Rules for Casualty Pension/Disability Pension, 2008. Consequently, the presumption under the Entitlement Rules of 1982 was applicable to the Petitioner. The Learned Tribunal erred in law by not applying the said presumption and in failing to rely upon the binding decision of the Hon'ble Supreme Court in Dharamvir Singh v. Union of India (2013) 7 SCO 316, which squarely applies to the facts of the present case.

G. Because the benefit of presumption regarding attributable to or aggravating the disability, as provided under the erstwhile Entitlement Rules of 1982 is fully applicable to the Petitioner. Furthermore, the Release Medical Board (RMB) in its opinion did not assign, any cogent reasons for denying that the disability of the Petitioner was attributable to or aggravated by military service."

5. There is no dispute that the grounds on which review is being sought, This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2026 at 20:37:01 have been answered by the Release Medical Board (RMB), which has clearly stated that the disability is secondary in nature and the petitioner has not been exposed to any such condition, which aggravated the same. In other words, the conclusion of the RMB is that the damaged kidney cannot properly regulate the blood flow resulting in Hypertension. It held, it thus arose as a consequence of the two disabilities of Horse Shoc Kidney and Renal Tuberculoses, having no independent cause as such.

6. It is conceded case that the petitioner had confined his claim only to the disability on the ground of Renal Hypertension assessed at 20%. The Armed Forces Tribunal (Tribunal) has answered the question in paragraphs 12 onwards, which have already reproduced in the order dated 19.02.2026.

7. In effect, the petitioner is challenging the conclusion drawn by this Court on merits of the conclusion based on the conclusion drawn by the Tribunal. Hence, no ground for review is made out.

8. The review petition is dismissed.

V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J APRIL 22, 2026 M This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2026 at 20:37:01