$~120 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 21.01.2026 + W.P.(C) 5770/2025 RAVI SANGWAN .....Petitioner Through: Mr. Abhay Kumar Bhargava, Adv.

versus UNION OF INDIA & ORS.

.....Respondents Through: Ms. Nidhi Raman, CGSC, Mr. Akash Mishra and Mr. Arnav Mittal, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL

1. The present petition has been filed seeking disability pension in favour of the Petitioner from the date of his retirement i.e., from 10.04.2024 with 12% interest.

2. Petitioner joined Border Security Force [‘BSF’] in the year 2007 at the rank of Constable/GD.

3. The case set up by the learned counsel for the Petitioner in the petition is as follows:

3.1. Petitioner while serving in the BSF, on 07.04.2016 was diagnosed with a case of depression with generalized anxiety disorder. He undertook treatment between 2016 till 2023 leading to his medical category being downgraded.

3.2. The Petitioner appeared before Review Medical Board [‘RMB’] on 22.02.2024, where the Petitioner was diagnosed as suffering from “(i) Generalized anxiety disorder with recurrent depressive disorder, (ii) obesity” and placed under Permanent Medical Category S5 H1 A1 P3 E1 with 45% disability for mental illness as per IDEAS Scale, which is aggravated due to service.

3.3. Acting upon the said RMB dated 22.02.2024, a show cause notice dated 26.03.2024 was served upon the Petitioner by the Commandant of 116 BN BSF proposing to terminate services of the Petitioner on the ground of physical unfitness. Vide order dated 10.04.2024, Petitioner was invalidated from service with all the pensionary benefits admissible under the rules.

3.4. It is stated that, however, disability pension as stipulated under the Central Civil Services (Extraordinary Pension) Rules, 2023 [‘CCS (EOP)

Rules, 2023’] has not been extended to the Petitioner.

3.5. Learned counsel for the Petitioner relies upon the findings of aggravation due to service of the disease recorded in the RMB dated

22.02.2024.

3.6. He states that the medical board has unequivocally recorded that the disability of the Generalized Anxiety Disorder with Recurrent Depressive Disorder was aggravated by the stress and strain of military service and the percentage of the disability has been assessed at 45% for life.

3.7. He states that Respondents have accepted the said report of the RMB and have also relied upon the same, to board out the Petitioner, and therefore they are bound by the findings recorded in the said report.

3.8. He states that, in an identical case, the coordinate bench of this Court in Kallu Ram v. Union of India, W.P.(C) 4350/2025, Judgement (Oral) dated 06.11.2025 quashed the order of the Respondents denying disability pension.

4. In reply, learned counsel for the Respondents have stated that the disease of Generalized Anxiety Disorder with Recurrent Depressive Disorder does not have any causal connection with the military service; therefore, the same is not directly attributable to the conditions of the government service. She states that the Petitioner’s case does not fall in categories B, C and D as provided in Rule 9 of CCS (EOP) Rules, 2023 for further determining the disability pension. She, however, fairly states that the facts of this case are not distinguishable from the case of Kallu Ram (supra) relied upon by the Petitioner.

5. This Court has heard the learned counsel for the parties and perused the record as well as the judgment of the coordinate Bench in Kallu Ram (supra).

6. Rule 4 of the CCS (EOP) Rules, 2023 which is relevant for this case, reads as under:

4. Conditions for grant of disability pension or family pension. –

(1)A disability pension or family pension shall be granted under these rules, if there is a causal connection between, -

(a) disablement of a Government servant and Government service; or (b) death of a Government servant and Government service.

(2) The disablement shall be reck