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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
712071 SGT Birendra Kumar Retd. – Respondent
JUDGMENT :
MANMEET PRITAM SINGH ARORA, J.
CM APPL. 5975/2026 (exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P. (C) 1224/2026 & CM APPL. 5974/2026 (Stay)
3. This is a writ petition filed under Article 226 of the Constitution of India against the order dated 02.01.2024 passed by the Armed Forces Tribunal Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A.’] No. 1585/2019 titled asEx SGT Birendra Kumar v. Union of India & Ors., wherein the respondent has been granted the benefit of the disability element of pension for Paranoid Schizophrenia (Old) assessed at 40% for life, rounded off to 50% for life from the date of his discharge from the service i.e., 31.12.2018.
4. The facts giving rise to the present petition are that the respondent was discharged from the service on 31.12.2018 under clause ‘on fulfilling the conditions of his enrolment’. At the time of discharge, the Release Medical Board [‘RMB’] assessed his disability i.e., Paranoid Schizophrenia (Old) at 40% for life. The RMB opined that since the onset of the diseases was at the time when the respondent was serving at a peace station and there was no s
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 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 court affirmed that the burden of proof regarding disability pension entitlement rests with the military establishment under Entitlement Rules, 2008, thereby entitling the service member to pensi....
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