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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Union of India – Appellant
Versus
No 7778271X Ex-Hav Uzzwal Halder – Respondent
| Table of Content |
|---|
| 1. entitlement to disability pension under aft order (Para 1 , 2 , 3) |
| 2. arguments against disability pension entitlement (Para 4 , 5 , 6) |
| 3. citation of case law and its contextual differences (Para 7 , 8 , 9 , 10 , 12 , 20) |
| 4. discussion on duty and attributability of injury (Para 13 , 14 , 15 , 16) |
| 5. court's determination of injury's connection to military service (Para 19 , 21 , 22) |
| 6. final judgment and dismissal of writ petition (Para 23 , 24 , 25 , 26) |
JUDGMENT :
1. The Union of India was the respondent before the Armed Forces Tribunal, Kolkata Bench (AFT for short) resisting the claim of the applicant, a Havilder for grant of disability element of disability pension. AFT vide its order dated 18.06.2024 has allowed the applicant's claim holding that the applicant is entitled to grant of disability element of disability pension at 20 per cent and by rounding it off to 50 per cent for life. The benefit has been found admissible from the date next to the date of his discharge from service that is 01.05.2020. The direction was issued for release of the benefits as directed, within a period of three months from the date of receipt of the certified copy of the order fail
An injury sustained while commuting within the unit is considered attributable to military service, justifying the grant of a disability pension.
The court affirmed that the burden of proof regarding disability pension entitlement rests with the military establishment under Entitlement Rules, 2008, thereby entitling the service member to pensi....
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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