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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Union of India – Appellant
Versus
Jwo Hukum Singh Shekhawat – Respondent
| Table of Content |
|---|
| 1. discussion of disability pension claims (Para 1) |
| 2. legal arguments on medical board decisions (Para 2 , 3 , 5 , 6) |
| 3. clarification of certiorari jurisdiction (Para 7 , 8 , 9) |
| 4. dismissal of the petition and compliance order (Para 11 , 12) |
JUDGMENT :
C. HARI SHANKAR, J.
1. This petition assails order dated 13 September 2024 passed by the Armed Forces Tribunal, [“the AFT”, hereinafter] in OA 2653/2023 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%, 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. Vijay Joshi, learned Senior Central Government Counsel 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 Primary Hypertension. 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 Air Force for over 28 years before he was diag
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 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.
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 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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