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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 Mwo Krishan Kumar Sharma – Respondent
| Table of Content |
|---|
| 1. disability pension entitlement based on medical assessments (Para 1) |
JUDGMENT :
C. HARI SHANKAR, J.
1. This petition assails orders dated 1 November 2023 and 19 April 2024 passed by the Armed Forces Tribunal, [“the AFT”, hereinafter] in OA 1251/2021 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Pituitary Macroadenoma (Gonadotropinoma) assessed at 20% for life, 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 Mr. Syed Abdul Haseeb, learned CGSC for the petitioner, and have perused the record.
4. The respondent was released in Low Medical Category on his being found to be suffering from Pituitary Macroadenoma. From the record, including the proceedings of the Release Medical Board, [“RMB”, hereinafter], the following facts emerged:
(i) The respondent had served in the Air Force for over 39 years before he was diagnosed as suffering from Pituitary Macroadenoma.
(ii) The respondent, in his self-declaration, specifically declared that he had not been suffering f
The burden to prove non-attributability of disability to military service lies with the employer once a service member is presumed sound at 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.
The court affirmed the presumption of service-related disabilities unless disproven by the employer, supporting the grant of disability pension.
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.
Disability pension claims for armed forces members are presumed attributable to military service unless the employer provides evidence to the contrary.
Disability pensions for service-related ailments must be granted unless explicitly proven otherwise by the employer.
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.
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 that if no ailment existed at enlistment, the onus is on the employer to prove non-attributability for disability pensions.
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