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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
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 and Diabetes Mellitus Type II assessed at 20% for life, rounded off to 50% for life, from the date of his retirement from the service i.e., 30.09.2018.
4. The facts giving rise to the present petition are that the Respondent was retired from the service on 30.09.2018 under the clause ‘on superannuation on fulfilling the condition of enrolment after rendering a total of 35 years and 113 days of regular service’. The Release Medical Board [‘RMB’], held on 14.11.2017, assessed his disabilities i.e., (a) Primary Hypertension at 30% for life and (b) Diabetes Mellitu
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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