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SANJEEV SACHDEVA, MANOJ JAIN
Ex Rect Keshav Dutt Oli – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM APPL.41243/2023 (exemption)
Exemption allowed subject to all just exceptions.
W.P.(C) 10628/2023
1. Issue notice. Notice is accepted by learned counsel appearing for the respondents.
2. With the consent of parties, petition is taken up for final disposal today itself.
3. Petitioner impugns order dated 22.09.2022 where the original application filed by the petitioner before the Armed Forces Tribunal (hereinafter referred to as `the Tribunal') has been dismissed. Petitioner also impugns order dated 07.02.2023 whereby the review application filed by petitioner has been dismissed.
4. Petitioner was recruited in the Army in trade of Unit Cook on 05.08.1989 in Army Ordinance Corps. Petitioner was physically examined at the time of recruitment and was declared fit in SHAPE AYE and he was thereafter allowed to join his training.
5. During training, petitioner was medically examined and was declared to be suffering from mental retardation. Petitioner was recruited on 05.08.1989 and his ailment was discovered in December 1989 itself when he was undergoing training. The Invalidation Medical Board was held on 21.05.1990 and he was invalidated on 06.06.1
Individual examination is necessary to ascertain attributability of mental disorders to military service, and relapsing forms of mental disorders may not be detectable during initial recruitment exam....
Disability pension claims require proof that the condition is attributable to or aggravated by military service; a brief service duration limits such claims.
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 requirement for a reasonable causal connection between the injuries resulting in disability and the military service for granting disability pe....
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.
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