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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Sanjiv Dewan – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to disability pension denial (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments for recognizing disability pension claim (Para 10 , 11 , 12) |
| 3. court's reasoning on evidentiary issues (Para 13 , 14 , 15) |
| 4. legal principles on delay and record destruction (Para 16 , 17 , 18) |
| 5. court's dismissal and conclusion (Para 19 , 20 , 21) |
JUDGMENT
Navin Chawla, J. (Oral)
The petition has been heard by way of video conferencing.
CM 32020/2021(exemption)
Allowed, subject to all just exceptions.
WP(C) 10401/2021
1. This petition has been filed by the petitioner challenging the order dated 08.10.2020 passed by the learned Armed Forces Tribunal, Special Bench, New Delhi (hereinafter referred to as 'AFT') in OA No.209/2016 filed by the petitioner dismissing the OA, and as a consequence, seeking setting aside of the Medical Board findings which declared the petitioner's disability to be not attributable to/not aggravated by military service and denying disability pension to the petitioner. The petitioner further prays for grant of disability pension along with arrears for the period starting from three years from the date of filing of the petition before the learned AF
Timeliness and contemporaneous evidence are crucial in claims for disability pension, with significant delays potentially barring the remedy.
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....
In the absence of pre-existing health records at the time of entry, any disability contracted during military service is presumed to be attributable to that service. The burden rests on the employer ....
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