Back
DELHI HIGH COURT
MANMOHAN, ASHA MENON
Rajesh Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition dismissed (Para 7) |
JUDGMENT
Manmohan, J. (Oral):--Present writ petition has been filed challenging the order dated 26th February, 2020 passed by the Armed Forces Tribunal - Principal Bench, New Delhi in OA No. 470/2015, whereby petitioner's claim for disability pension has been rejected. Petitioner also prays for a direction to the respondents to grant disability pension to the petitioner w.e.f. 26th June, 2013 @ 60% (rounding off 75%) along with interest @18% thereon. The relevant portion of the impugned order is reproduced hereinbelow:-
"6. On careful perusal of the medical documents, it has been observed that the applicant was enrolled on 24.09.2012 and the disease had first started on 12.12.2012 i.e. within three months of joining the service. He was administered treatment at Base Hospital, Delhi Cantt. On admission in the Hospital the case history of the applicant was endorsed by Lt Col Siddharth Dixit, Classified Specialist (Psy) as under:-
History of present illness. This recruit 7was apparently well about till last week of Nov 12 while undergoing recruitment training at Raj Rif (w.e.f. 24 Sep 2012 till 12 Dec 12), He was noted to remain aloof, soc
Disability pension claims require proof that the condition is attributable to or aggravated by military service; a brief service duration limits such claims.
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....
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 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 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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
