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DHIRAJ SINGH THAKUR, RAVI CHEEMALAPATI
Ex. Rect. V. Koteswara Rao – Appellant
Versus
Union Of India – Respondent
ORDER :
(per Sri Justice Ravi Cheemalapati)
Challenge laid in this Writ Petition is to the orders dated 08.09.2023 passed in O.A.No.197 of 2019 by the Armed Forces, Tribunal, Regional Bench at Chennai, Circuit Bench at Hyderabad, whereby the application filed by the petitioner for quashing the Order No.15328465/Pen(D) dated 04-12-2018 passed by respondent no.3 in rejecting disability pension claim was disposed of being bereft of merit.
2. The case of the petitioner, in brief, is that, he was enrolled in Indian Army (MEG) on 26.06.2002, having been found fully fit with no prior and prerequisite disease and after rendering qualifying service of 04 months 22 days, he was declared unfit to serve and was invalided out from service on 18.11.2002 on the ground that the Invaliding Medical Board found that he was suffering from an Invaliding Disease (ID) viz., ‘Acute Schizophrenia – Like Psychotic Disorder’ assessed @ 30% for life, which is neither attributable to nor aggravated by Military Service. It is his further case that as copy of the proceedings of Invaliding Medical Board was not tendered on him, he could not prefer appeal to Re-Survey Medical Board and thus his legitimate right to pr
The court established that the burden of proof for disability pension claims lies with the employer, and the absence of evidence linking the condition to military service justifies the rejection of t....
The court established that the burden of proof regarding the attribution of disability to military service lies with the employer, and the presumption of sound health at enlistment is significant in ....
The presumption of sound health upon entry into military service requires the employer to prove that a disability is not attributable to or aggravated by military service, especially when the individ....
The Medical Board's opinion on disability attributability must include cogent reasoning, and the burden to prove a causal link lies with the military, not the claimant.
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 ....
Disability pension claims must establish a direct connection to military service, with the burden of proof on the claimant, especially under new regulations.
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