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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Union Of India – Appellant
Versus
Jay Shanker Prasad Retd – Respondent
| Table of Content |
|---|
| 1. granting of disability pensions based on accurate assessment of service-related conditions. (Para 1) |
| 2. determination of entitlement based on service-related findings and tribunal decisions. (Para 2 , 5 , 7) |
| 3. certiorari jurisdiction limits regarding fact-based appeals and clarifications of service obligation. (Para 8 , 9) |
| 4. need for compliance with tribunal's judgment and timelines for implementation. (Para 11 , 12) |
JUDGMENT :
C. HARI SHANKAR, J.
1. This petition assails order dated 8 April 2024 passed by the Armed Forces Tribunal, [“the AFT”, hereinafter] in OA 814/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Seizure Disorder with 20% disability rounded off to 50% for life, has 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 Dr. Vijendra Singh Mahndiyan, learned CGSC for the petitioners, and have perused the record.
4. The respondent was released in Low Medical Category on his being found to be suffering from Seizure Disorder. From the record, including the proceedings of the Relea
Disability pensions for service-related ailments must be granted unless explicitly proven otherwise by the employer.
The court affirmed the presumption of service-related disabilities unless disproven by the employer, supporting the grant of disability pension.
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.
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.
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.
Disability pension claims for armed forces members are presumed attributable to military service unless the employer provides evidence to the contrary.
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....
Entitlement to disability pension affirmed; disability not pre-existing before military service.
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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