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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Roshan Lal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition for disability pension. (Para 1 , 2) |
| 2. respondent's stance on invalid pension. (Para 3 , 4) |
| 3. petitioner's service history and reasons for incapacity. (Para 6 , 7 , 8 , 9 , 10) |
| 4. contentions on the eligibility for pension. (Para 11 , 12) |
| 5. respondent's arguments regarding procedural adherence. (Para 14 , 19) |
| 6. petitioner's amendments and applications over time. (Para 15 , 16) |
| 7. medical assessment of petitioner's disability. (Para 17 , 18) |
| 8. objections raised by pension authorities. (Para 20 , 21) |
| 9. timeline and procedural history of the case. (Para 22 , 23) |
| 10. court's analysis of the respondents' changing position. (Para 24 , 26) |
| 11. court's findings on service-related injuries. (Para 27 , 29 , 30) |
| 12. final ruling on pension eligibility. (Para 31 , 33) |
| 13. conclusion and order for invalid pension. (Para 34) |
CM APPLN. 33289/2021 (u/S 151 by the petitioner) & CM APPL. 30887/2022 (u/S 151 CPC by respondents No.1,2,4,5 & 7) & W.P.(C) 3884/2010
1. Today, the above captioned first application has been listed for hearing whereby petitioner has prayed for a direction to respondents to grant him disability pension under the provisions of CCS (Extra
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.
The absence of attribution of disability to service by the Medical Board leads to a presumption of service-related disability, warranting the grant of Disability Pension.
An administrative authority cannot retrospectively disregard established findings of a departmental inquiry and medical board regarding the attributability of an injury to government service. Once su....
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....
Court emphasized that disability not attributable to service must be substantiated by evidence, and any ambiguity favors the claimant in pension entitlement.
The main legal point established in the judgment is the application of the continuing wrongs and recurring wrongs principle to service law disputes, along with the entitlement to disability pension u....
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.
Authorities cannot rely on 100% disability from initial medical board for discharging employee on medical grounds but use post-discharge re-survey board's lower percentage to reduce disability pensio....
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