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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Union Of India – Appellant
Versus
Ex Po Log (F And A) Pawan Kumar Uniyal – Respondent
| Table of Content |
|---|
| 1. disability pension eligibility based on service-related ailments. (Para 1) |
| 2. precedents influencing disability pension determinations. (Para 2 , 5 , 6) |
| 3. limits of certiorari jurisdiction in judicial review. (Para 7 , 8 , 9) |
| 4. (Para 10) |
| 5. conclusion affirming aft's ruling on disability pension. (Para 11 , 12) |
JUDGMENT :
C. HARI SHANKAR, J.
1. This petition assails order dated 13 February 2024 passed by the Armed Forces Tribunal[“the AFT”, hereinafter] in OA 1762/2019 whereby the respondent’s application for grant of disability pension compositely assessed at the rate of less than 50% for life rounded off to 50%, disability have been allowed by the AFT.
2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso , 2025 SCC OnLine Del 2018.
3. Nonetheless, we have heard Mr. Raghwendra Tiwari, learned CGSPC for the petitioners, and have perused the record.
(i) The respondent had served in the Indian Navy for over 14 years before he was diagnosed as suffering from Diabetes Mellitus Type-II and Primary Hypertension.
(ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Diabetes Mellitus
A disability pension is warranted when conditions arise post-service without attribution to pre-existing ailments, reinforcing the burden of proof lies with the employer under established rules.
Disability pensions for military personnel are presumed service-related if no prior ailments are documented, and the burden of proof lies with the employer to show non-attributability.
The burden to prove that a disability is not attributable to military service lies with the employer, with presumption favoring service-related attribution if no pre-existing conditions were noted at....
The presumption of sound health upon military service entry and the employer's burden of proof regarding disability attribution are critical in determining entitlement to disability pension.
The presumption of sound health at military entry necessitates clear evidence from the Medical Board to deny pension claims related to conditions arising post-entry.
Entitlement to disability pension affirmed; disability not pre-existing before military service.
Disability pension claims for armed forces members are presumed attributable to military service unless the employer provides evidence to the contrary.
The court affirmed the presumption of service-related disabilities unless disproven by the employer, supporting the grant of disability pension.
Disability pensions for service-related ailments must be granted unless explicitly proven otherwise by the employer.
The court affirmed that if no ailment existed at enlistment, the onus is on the employer to prove non-attributability for disability pensions.
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