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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, OM PRAKASH SHUKLA
Union Of India – Appellant
Versus
No.4192313K Ex Nk Kundan Singh – Respondent
| Table of Content |
|---|
| 1. grant of disability pension upon medical diagnosis. (Para 1 , 4) |
| 2. standard of review under certiorari jurisdiction. (Para 5 , 10 , 12 , 13) |
| 3. burden of proof in attributability of diseases. (Para 6 , 11) |
| 4. liability for medical cause identification lies with rmb. (Para 7 , 8) |
| 5. dismissing the petition and ordering pension compliance. (Para 14 , 15) |
JUDGMENT :
C. HARI SHANKAR, J.
1. This petition assails order dated 29 February 2024 passed by the Armed Forces Tribunal, ["the AFT”, hereinafter] in OA 2094/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Acute Myocardial Infarction with 30% disability has been allowed by the AFT.
2. The issue is covered by a recent decision rendered by one of us (C. Hari Shankar J.) in Ex Sub Gawas Anil Madso
3. Nonetheless, we have heard Mr. Satya Ranjan Swain, learned 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 Acute Myocardial Infarction. From the record, including the proceedings of the Release Medical Board, [RMB”, hereinafter] the following facts emerged:
(i) The respond
The court affirmed that if no ailment existed at enlistment, the onus is on the employer to prove non-attributability for disability pensions.
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.
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 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 court affirmed the presumption of service-related disabilities unless disproven by the employer, supporting the grant of disability pension.
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.
Disability pensions for service-related ailments must be granted unless explicitly proven otherwise by the employer.
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