Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, OM PRAKASH SHUKLA
Union Of India – Appellant
Versus
IC 43586P Col Sanjay Singh (Retd) – Respondent
| Table of Content |
|---|
| 1. factual basis for disability claims. (Para 1 , 4) |
| 2. revisiting precedents on disability pension. (Para 2 , 5 , 6) |
| 3. jurisdiction of certiorari in reviewing aft decisions. (Para 7 , 9) |
| 4. presumptions regarding service-related disabilities. (Para 8 , 10) |
| 5. final order directing compliance with disability pension. (Para 11 , 12) |
JUDGMENT :
C. HARI SHANKAR, J.
1. This petition assails order dated 17 October 2024 passed by the Armed Forces Tribunal, [“the AFT”, hereinafter] in OA 359/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Diabetes Mellitus Type-II with 20% disability and Primary Hypertension with 30% disability 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. Satya Ranjan Swain, CGSPC 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 Diabetes Mellitus Type-II and Primary Hypertension. From the record, including the proceedings of the Release Medical Board[“RMB”, hereinafter], t
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....
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.
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 court affirmed that if no ailment existed at enlistment, the onus is on the employer to prove non-attributability for disability pensions.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
