$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010059662025 + W.P.(C) 1639/2025 PAWAN KUMAR .....Petitioner Through: Mr. Abhay Kumar Bhargava, Mr. Ajinkya Dhalwade & Mr. Nikhel Kumar, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Amit Gupta, SPC with Mr. Vidur Dwivedi (GP) alongwith Mr. Sanjay Bhat (DC-Law), Mr. Abhishek Singh (Insp-BSF). CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 15.09.2026 CM APPL. 62730/2026 (Early hearing) 1. The present application under Section 151 of the CPC on behalf of the petitioner/applicant seeks early hearing of the captioned petition. 2. For the reasons stated in the application, the application is allowed and disposed of. W.P.(C) 1639/2025 3. The counter affidavit is taken on record by condoning the delay. 4. The prayer in the petition is for issuance of directions to the respondents 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 17/09/2026 at 12:09:40 to release disability pension, which according to the petitioner, should consist of service elements and disability elements, pursuant to the provisions of Central Service (Extraordinary Pension) Rules, 2023. 5. The petitioner has relied upon the Medical Board Proceedings. The said proceedings reads thus:- 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 17/09/2026 at 12:09:40 6. The petitioner underwent an examination before the Medical Board and 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 17/09/2026 at 12:09:40 a certificate came to be issued thereby, certifying that he suffered stress and strain due to bipolar affective disorder and the degree of disability was assessed at 45%. The said certificate was issued on 12th March, 2024. 7. The stand of the petitioner is that it is a case of mental illness suffering from bipolar disorder, and the Department of Persons with Disabilities, Ministry of Social Justice and Empowerment, Govt. of India had issued him a certificate, thereby certifying that he is suffering from 70% permanent disability. The disability certificate issued to the petitioner on 22nd February, 2024, reads thus:- 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 17/09/2026 at 12:09:40 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 17/09/2026 at 12:09:40 8. The petitioner was also subjected to Review Medical Board proceedings on 30th April, 2024, as informed by the learned counsel for the respondents, wherein the Review Medical Board maintained the percentage of disability, as was certified by the Medical Board on 12th March, 2024. 9. It appears that the disability certificate issued to the petitioner on 22nd February, 2024, referred above, thereby certifying that he had 70% of disability, perhaps, was not taken into account by both, i.e., in the Medical Board proceedings dated 22nd February, 2024, which was approved by the Director Medical on 12th March, 2024 and also by Review Medical Board dated 30th April, 2024. 10. In the aforesaid background, on record, there exists two certificates issued by the Competent Authority, one by the employer of the petitioner viz the Medical Board constituted by BSF, which certifies his disability to the extent of 45%, whereas by the appropriate department of Govt. of India certifying on 22nd February, 2024, that the petitioner suffers from mental illness and a case of bipolar affective disorder, and he is suffering from 70% of permanent disability 11. In such an eventuality, the issue ought to have been resolved by the respondents, thereby having regard to the disability certificate dated 22nd February, 2024, issued by the Government Authorities, particularly by Chief Medical Officer, Pathankot, Punjab, which certifies 70% disability, when the respondents-employer certifies the degree of disability to be 45%. The common aspect in both these cases is that the disability is aggravated by the service conditions of the petitioner. 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 17/09/2026 at 12:09:40 12. In the aforesaid background and having regard to the contradictory disability certificates on record, we are of the view that the respondents must have a relook over the issue and shall order that the petitioner will be subjected to further Medical Board Proceedings. The said Medical Board Proceedings shall consider the disability certificate dated 22nd February, 2024, wherein the petitioner is certified to be 70% permanently disabled. 13. Let the aforesaid exercise be completed within a period of 12 weeks from today. 14. The petition as such, stands partly allowed in above terms. 15. The next date of hearing fixed in the matter, i.e., 18th November, 2026, stands cancelled. 16. Copy of this order be sent to the concerned Authority, for necessary information and compliance. 17. Order be uploaded on the website of this Court, forthwith. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J SEPTEMBER 15, 2026/nk/db 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 17/09/2026 at 12:09:40