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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Anish Kumar - Appellant
Versus
Union of Inida - Respondent
W.P.(C) 13937 of 2022
Decided On : 27-09-2022
CM APPL. 42639/2022(for exemption)
1. Allowed, subject to all just exceptions.
2. Accordingly, the application is disposed of.
W.P.(C) 13937/2022
3. By way of the present petition, petitioner seeks issuance of a writ of mandamus directing the respondents to release disability pension alongwith arrears to the petitioner since the disability of the petitioner was admittedly attributed to military service as per the report of the Medical Board constituted by the respondent Army and a writ of mandamus directing the respondents to treat this writ petition as a fresh representation and to decide this representation in a time bound manner.
4. Learned counsel for the petitioner submits that the petitioner was invalidated from service on 04.12.2019 and thereafter he made a representation dated 07.01.2022 seeking release of disability pension with arrears, however, the representation has not been decided till date.
5. Learned counsel for the respondents submits that the present petition is not maintainable in view of Section 3(o) of the Armed Forces Tribunal Act, 2007. He further submits that representation dated 07.01.2022 has been replied vide communication dated 03.03.2022 and the same has been produced before this Court. Copy of the same is also given to the learned counsel for the petitioner.
6. At this stage, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file the same before the appropriate forum, if so advised.
7. Accordingly, petition is dismissed as withdrawn.
A petition for disability pension based on military service must be filed before the appropriate forum as it is not maintainable under the Armed Forces Tribunal Act.
Premature filing of appeal under the Armed Forces Tribunal Act.
Disability pension eligibility requires the disability to be attributable to or aggravated by military service, and claims must adhere to statutory limitation periods.
The denial of a disability pension based on a Medical Board's finding of non-attributable disability is valid, and significant delays in filing a petition bar claims due to laches.
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 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 ....
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