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IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, SHALINDER KAUR, JJ
Manvir Singh – Appellant
Versus
Union of India and Others – Respondent
| Table of Content |
|---|
| 1. petitioner retired from service due to medical unfitness related to bipolar disorder. (Para 1 , 2 , 3) |
| 2. disability pension entitlement contested based on service-related health issues. (Para 11 , 12 , 13) |
| 3. medical review process failed to establish a connection between service and disability. (Para 24 , 25 , 26 , 27) |
| 4. presumption of service connection for diagnoses made post-enrollment upheld. (Para 32 , 38) |
JUDGMENT :
SHALINDER KAUR, J.
1. The petitioner before us is aggrieved by and dissatisfied with the Order dated 27.12.2011 passed by the respondents, vide which the petitioner was considered "Unfit" for further service in the Border Security Force (in short "BSF") and he was retired from the service with effect from 31.12.2011 with pensionary benefits in accordance with Rule 25 of BSF Rules, 1969 (in short "Rules").
2. The brief facts relevant for disposal of the present petition are that the petitioner joined the BSF in the year 1990 as a Constable (GD). Upon successfully completing his training, on 17.07.1990, he was posted at 146th Battalion BSF, which was at that time stationed at Chuda Chandpur, Manipur. At the time of his joining, he was subjected to a t
Court emphasized that disability not attributable to service must be substantiated by evidence, and any ambiguity favors the claimant in pension entitlement.
The absence of attribution of disability to service by the Medical Board leads to a presumption of service-related disability, warranting the grant of Disability Pension.
The main legal point established in the judgment is the entitlement of a member of the armed forces to disability pension under the Central Civil Service (Extra Ordinary Pension) Rules, emphasizing t....
The main legal point established in the judgment is the application of the continuing wrongs and recurring wrongs principle to service law disputes, along with the entitlement to disability pension u....
The Medical Board's opinion on disability attributability must include cogent reasoning, and the burden to prove a causal link lies with the military, not the claimant.
The central legal point established in the judgment is the entitlement to disability pension for a medical condition arising during service and aggravated by it, as well as the burden of proof on the....
Disability pension claims must establish a direct connection to military service, with the burden of proof on the claimant, especially under new regulations.
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