IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Union Of India – Appellant
Versus
Hav Kedar Kirankumar Udhav (Retd) – Respondent
| Table of Content |
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| 1. assesses the appeal against the aft ruling on disability pension. (Para 1 , 2) |
JUDGMENT :
C. HARI SHANKAR, J.
1. This petition assails order dated 21 July 2023 passed by the Armed Forces Tribunal, [“the AFT”, hereinafter] in OA 961/2020 whereby the respondent’s application for grant of disability pension on the ground that he suffers from CNS (INV) Seizure Disorder with 20% disability for life, rounded off to 50% for life, 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. N.K. Aggarwal, SPC 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 CNS (INV) Seizure Disorder. From the record, including the proceedings of the Release Medical Board, [“RMB”, hereinafter] the following facts emerged:
(i) The respondent had served in the Indian Army for over 15 years 6 months and 22 days before he was diagnosed as suffering from CNS (INV) Seizure Disorder.
(ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from
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.
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.
The burden to prove non-attributability of disability to military service lies with the employer once a service member is presumed sound at 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 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....
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.
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