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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Laxman Singh (TC-54727) (Ex Rect) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. invalid pension claim details and history (Para 1 , 2 , 3 , 4) |
| 2. entitlement for invalid pension under specific rules (Para 5 , 6) |
| 3. court's reasoning for denial of claim (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. dismissal of the petition with no merit (Para 13) |
JUDGMENT
Navin Chawla, J. (Oral)--The present petition has been filed by the petitioner challenging the reply dated 23.07.2021 to the legal notice dated 16.06.2021 served by the petitioner on the respondent, denying grant of `Invalid Pension' to the petitioner. The petitioner further prays for grant of Invalid Pension to the petitioner from the date of his discharge from service, that is 01.03.1999, alongwith interest at the rate of 12% per annum.
2. It is the case of the petitioner that the petitioner was enrolled in the Assam Rifles on 23.12.1997 in SHAPE-1 medical category, after clearing all the medical and physical tests which are part of the screening process. On 14.02.1998, while the petitioner was on training, he was diagnosed with `Traumatic Perforation TM (Rt) Severe'. The petitioner was invalided out from the service in the medical category 'EEE. on 28.02.1999.
3. The petitioner himself discloses in
Invalid Pension claims require a finding of disability attributable to service, and failure to timely challenge the Medical Board's assessment undermines 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 central legal point established in the judgment is the assessment of disability pension under the applicable rules, emphasizing the principles of continuing cause of action and considering the ag....
Timeliness and contemporaneous evidence are crucial in claims for disability pension, with significant delays potentially barring the remedy.
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