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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Union Of India – Appellant
Versus
SGT Narendra Pal Singh Elect/Fit (Retd) – Respondent
| Table of Content |
|---|
| 1. disability pension eligibility based on health status (Para 1 , 4) |
| 2. legal precedent on disability pension eligibility (Para 2) |
| 3. nature of certiorari jurisdiction (Para 3 , 6 , 7 , 9) |
| 4. standards for rebutting disability attribution to military service (Para 8 , 10) |
| 5. dismissal of the petition and order for compliance (Para 11 , 12) |
ORDER :
C. HARI SHANKAR, J.
1. This petition assails order dated 23 February 2023 passed by the Armed Forces Tribunal, [“the AFT”, hereinafter] in OA 282/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Primary Hypertension with 30% disability, rounded off to 50% with effect from the date of his discharge, 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]
4. The respondent was released in Low Medical Category on his being found to be suffering from Primary Hypertension. From the record, including the proceedings of the Release Medical Board, [“RMB”, hereinafter], the
Disability pension claims for armed forces members are presumed attributable to military service unless the employer provides evidence to the contrary.
Entitlement to disability pension affirmed; disability not pre-existing before military service.
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.
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 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 burden to prove non-attributability of disability to military service lies with the employer once a service member is presumed sound at entry.
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