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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.M.MODAK, SANDEEP V.MARNE
Hawaldar Feru Yadav – Appellant
Versus
Union Of India, Through Ministry Of Defence – Respondent
| Table of Content |
|---|
| 1. tb relapse certified 100% disability for one year prompting discharge. (Para 1 , 2 , 3 , 13 , 14 , 15 , 19) |
| 2. parties dispute rmb validity, laches, estoppel, and regulation applicability. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. inconsistent disability assessments for discharge and pension impermissible. (Para 11 , 12 , 16 , 17 , 18 , 20 , 21) |
| 4. post-discharge rmb arbitrary; must use uniform imb disability. (Para 22 , 23 , 24) |
| 5. 30% pension from discharge; arrears limited to three years. (Para 25 , 26) |
| 6. ngif insurance recalculated per initial imb 100% disability. (Para 27) |
| 7. petition allowed; refix pension and insurance within eight weeks. (Para 28 , 29) |
JUDGMENT :
Sandeep V. Marne J.
1) By this Petition, filed under Article 226 of the Constitution of India, the Petitioner challenges the Re-survey Medical Board Report (RMB) dated 29 July 2009 resulting in reduction of his disability pension from 30% to 15 % of last drawn basic pay. Petitioner was earlier certified to be 100% disabled in the Invalidation Medical Board (IMB) and was accordingly discharged from service on invalidation on medical ground of being permanently unfit under Rule 26 of the Indian Coast Guard (Gen
Authorities cannot rely on 100% disability from initial medical board for discharging employee on medical grounds but use post-discharge re-survey board's lower percentage to reduce disability pensio....
The absence of attribution of disability to service by the Medical Board leads to a presumption of service-related disability, warranting the grant of Disability Pension.
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 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 ....
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