Chronic Osteoarthritis Qualifies as ‘Severe Illness’ Says Delhi High Court

The Delhi High Court has held that chronic osteoarthritis constitutes a “severe illness” under Railway Board circulars, entitling an employee to retain government accommodation without payment of penal rent.

A Division Bench of Justices Anil Kshetarpal and Amit Mahajan upheld the Central Administrative Tribunal’s decision quashing the recovery of over ₹20 lakh imposed on a railway officer. 

The Court found the authorities’ stand inconsistent, noting that the same medical condition had earlier justified retention. The Court ruled that chronic degenerative diseases requiring prolonged treatment fall within the definition of “serious illness,” and that a special licence fee cannot be levied. 

The writ petition filed by the Union of India was accordingly dismissed.

[UOI & Anr. v. Raj Kumar Manocha]