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SANJEEV SACHDEVA, MANOJ JAIN
Umrao Rawat – Appellant
Versus
Union of India And Anr – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner seeks a direction to the respondents to re-appoint the petitioner with full seniority, promotion & back wages. Alternatively, petitioner seeks grant of invalid pension or any other pension to rehabilitate the petitioner.
2. Petitioner was appointed as Constable (GD) on 26.04.2010. Petitioner has been boarded out vide letter dated 18.08.2017 on the ground that he was suffering from `Paranoid Schizophrenia with secondary depression with 80% disability'. Petitioner was categorized as Shape-5 (P) and declared unfit for service as a combatant in Armed Forces.
3. Learned counsel for the petitioner submits that petitioner had suffered the ailment on account of an incident that petitioner has witnessed and the illness is attributable to military services and as such the petitioner is entitled to disability pension.
4. Learned counsel for the petitioner relies on the decision of the coordinate bench of this Court dated 15.07.2022 in W.P. (C) No. 3884/2010 titled `Roshan Lal Vs. UOI & Ors.'. Learned counsel further relies on the decision of the Supreme Court in Dharamvir Singh Vs. Union of India (2013) 7 SCC 316; to contend that the pens
The court emphasized the liberal construction of pension provisions in favor of officers boarded out on medical grounds and the retrospective application of amended pension rules.
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 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 main legal point established in the judgment is the presumption of sound physical and mental condition upon entering military service, the onus of proof on the employer to show non-entitlement, a....
Invalid pension can be granted for mental or physical infirmity before ten years of service under specific government rules, emphasizing the necessity of proper assessment and procedural fairness.
Court emphasized that disability not attributable to service must be substantiated by evidence, and any ambiguity favors the claimant in pension entitlement.
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.
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