Delhi High Court - Orders
Ex Rfn (Gd) Ram Mehar Singh vs Union Of India Through Secretary & Ors on 19 January, 2026
Author: V. Kameswar Rao
Bench: V. Kameswar Rao, Manmeet Pritam Singh Arora
$~100
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 720/2026
EX RFN (GD) RAM MEHAR SINGH
.....Petitioner
Through: Mr. Durgesh Kumar Sharma, Adv.
versus
UNION OF INDIA THROUGH SECRETARY & ORS.
.....Respondents
Through: Mrs. Sunita Sharma, Adv.
Mr. Siddhartha Shankar Ray, CGSC,
Ms. Sunita Sharma, Ms. Sonali Modi
and Mr. Mukul Dev, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 19.01.2026 CM APPL. 3464/2026
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 720/2026
3. This petition has been filed with the following prayers:-
"i) Issue a Writ of Certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned communications/orders dated 11.06.2025 and 09.10.2025, whereby the Respondents have illegally rejected the Petitioner's claim 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 22/01/2026 at 20:31:59 for grant of disability pension;
ii) Issue a Writ of Mandamus directing the Respondents to grant Disability Pension to the Petitioner, comprising Service Element and Disability Element, on account of bullet injury sustained during Counter Insurgency Operations on 28.11.1991, treating the disability as attributable to and aggravated by service.
iii) Direct the Respondents to release all consequential arrears of disability pension from the date of invalidation i.e. 30.09.1998, along with interest at a reasonable rate as deemed fit by this Hon'ble Court.
iv) Award compensation to the Petitioner for prolonged and unlawful deprivation of disability pension since 1998, causing financial hardship, mental agony, and loss of dignity;"
4. In effect, the petitioner is challenging the order dated 11.03.2025 passed by the respondents on a claim/representation made by the petitioner seeking disability pension.
5. Suffice to state that the petitioner was appointed in Assam Rifles on 18.11.1986. He was discharged from service on medical grounds on 30.09.1998. The respondents have rejected the claim/representation only on the ground that the petitioner had sustained injuries on 20.11.1991 and he was boarded out after more than six years and in terms of Rule 6(i) of the Central Civil Services (Extraordinary Pension) Rules, 1972 ["CCS (EOP) Rules"], a person should be boarded out five years from the date of sustaining injury in order to be eligible for disability pension.
6. It is the submission of the learned counsel for the petitioner that the 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 22/01/2026 at 20:31:59 petitioner shall be regulated by the CCS (EOP) Rules, 1939, more particularly, the amendment brought with effect from 01.01.1996 wherein as per Government of India's orders, the revised provisions effective from 01.01.1996 inter-alia recommended that for determining the compensation payable for death or disability under different circumstances, the case would be categorised in five distinct categories, which includes Category 'D', which we reproduce as under:-
"Category 'D' Death or disability attributable to acts of violence by terrorists, anti-social elements, etc., whether in their performance of duties or otherwise. Apart from cases of death or injury sustained by personnel of the Central Police Organizations while employed in aid of the civil administration in quelling agitation, riots or revolt by demonstrators, other public servants including Police personnel, etc., bomb blasts in public places or transport, indiscriminate shooting incidents in public, etc., would be covered under this category."
7. Suffice to state that the decision of the respondents is not on the merits of the claim made by the petitioner, but only on eligibility.
8. We deem it appropriate in the facts to direct the respondents, without prejudice to their rights and contentions, decide the claim/representation of the petitioner on merits within eight weeks from today and file the decision in the Court before the next date of hearing.
9. The respondents while deciding the claim of the petitioner on merits, shall not be influenced by the fact that the petitioner has been boarded out beyond the period of five years from the date of sustaining the injury.
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 22/01/2026 at 20:31:59
10. Re-notify on 24.03.2026.
V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J JANUARY 19, 2026/sr 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 22/01/2026 at 20:31:59