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IN THE HIGH COURT OF DELHI AT NEW DELHI
V.KAMESWAR RAO, MANMEET PRITAM SINGH ARORA
Union Of India – Appellant
Versus
Jwo Brijesh Singh Panwar (RETD) – Respondent
| Table of Content |
|---|
| 1. writ petition under article 226 concerning disability pension. (Para 3 , 4) |
| 2. respondent's military service and disability assessment. (Para 5 , 6 , 7) |
| 3. arguments about misapplication of pension entitlement rules. (Para 8 , 9) |
| 4. court analysis of medical board's opinion on disabilities. (Para 10 , 12) |
| 5. burden of proof on military department regarding pension claims. (Para 11 , 15) |
| 6. invalid reasoning in medical board's assessment of disease. (Para 14 , 16 , 17) |
| 7. court's conclusion affirming entitlement to disability pension. (Para 18 , 19) |
JUDGMENT :
MANMEET PRITAM SINGH ARORA, J.
CM APPL. 6471/2026 (for exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
W.P.(C) 1327/2026
3. This is a writ petition filed under Article 226 of the Constitution of India against the order dated 19.07.2023[‘impugned order’] passed by the Armed Forces Tribunal, Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A.’] No. 1369/2020 titled asMWO Brijesh Singh Pawar (Retd.) v. Union of India & Ors., wherein the Respondent has been granted the benefit of the disability element of pension for Primary Hypertension (old) assessed at 30% for life
The burden of proof regarding the attributability of disability to military service lies with the military establishment, not the claimant, under the Entitlement Rules for Casualty Pensionary Awards ....
The burden of proof concerning entitlement to disability pension lies with the military establishment, which must provide cogent reasons for denying claims.
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.
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