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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 Sgt Babu Lal Yadav – Respondent
| Table of Content |
|---|
| 1. entitlement to disability pension. (Para 1 , 2) |
JUDGMENT :
C. HARI SHANKAR, J.
1. These writ petitions deal with the entitlement of the respondents to disability pension. The Union of India assails decisions of the Armed Forces Tribunal, whereby disability pension stands granted to the respondents.
2. These cases stand covered by as on date more than eighty judgments passed by this Bench as well as by a Coordinate Bench of this Court. They also stand covered by the judgment of the Supreme Court in Dharamvir Singh v UOI, [(2013) 7 SCC 316] as well as the recent decision of the Supreme Court in Vijender Singh v UOI, [2025 SCC OnLIne SC 895]
3. Against one of these decisions, which was rendered by us in UOI v Ex Sub Gawas Anil Madso , [2025 SCC OnLine 2018], an SLP has been preferred before the Supreme Court in which notice alone has been issued and no interim orders have been passed.
4. We are not informed that any SLP has been preferred against any of the other matters passed by this Bench or the Coordinate Bench.
5. Learned Counsel for the Union of India in all these matters fairly acknowledged that the controversy stands covered by the above decisions.
6. In its recent
The judgment affirms that disability pensions are not granted for conditions deemed lifestyle diseases without service connections.
The Tribunal's decision to grant lifelong disability pension for Essential Hypertension is upheld, emphasizing chronic nature of the condition and entitlement based on regulations from 01.01.1996.
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.
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