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INDIRA BANERJEE, V. RAMASUBRAMANIAN
Union Of India – Appellant
Versus
Ex. Sep. R. Munusamy – Respondent
JUDGMENT
Indira Banerjee, J.
This appeal is against a judgment and order dated 18th February 2020 passed by the Chennai Regional Bench of the Armed Forces Tribunal allowing the application being O.A. No. 53 of 2018 filed by the Respondent about 20 years after he was discharged from the Indian Army, and holding that the Respondent was entitled to disability pension. The arrears were restricted to a period of three years prior to the date of application before the Tribunal.
2. The Respondent was enrolled in the Army on 26th March 1987. By an order dated 5th April 1997, the Respondent was discharged from service on administrative grounds, as an undesirable Soldier under Rule 13(3) III(v) of the Army Rules, 1954. The Respondent had rendered service for nine years seven months and one day excluding 161 days of non-qualifying service. Annexed to the appeal is a copy of the Order/Certificate of the Commandant dated 12th October 1996 regarding the proposal to discharge the Respondent. As per the certificate of the Commandant, service of the Respondent was no longer required. The cause of
Disability Pension – Question of entitlement of soldier to disability pension cannot be determined on the basis of medical examination conducted 20 years after his discharge from service.
The burden to prove that a disease or disability is neither attributable to nor aggravated by service conditions rests entirely on the employer. A medical board cannot deny pension benefits by merely....
Disability pension claims must establish a direct connection to military service, with the burden of proof on the claimant, especially under new regulations.
Disability pension claims must be substantiated by evidence proving the disability's connection to military service, as medical board opinions are final unless contradicted.
The court established that ex-servicemen with disabilities over 20% are entitled to disability pensions, emphasizing the presumption of service connection and the burden of proof on medical authoriti....
The court held that the Medical Board's opinion on disability attribution is final unless contradicted by substantial evidence, emphasizing the need for a clear connection between the disability and ....
The main legal point established in the judgment is the requirement for a reasonable causal connection between the injuries resulting in disability and the military service for granting disability pe....
The disability pension is contingent upon demonstrable evidence that a disability is attributable to or aggravated by military service, with the medical board's findings being central to determining ....
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