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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
692688 Ex HFL Ram Kumar Retd. – Respondent
JUDGMENT :
MANMEET PRITAM SINGH ARORA J.
1. This is a writ petition filed under Article 226 of the Constitution of India against the order dated 24.09.2024 passed by the Armed Forces Tribunal Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A.’] No. 3280/2023 titled asEx HFL Ram Kumar v. Union of India & Ors. wherein the respondent has been granted the benefit of the disability element of pension for Primary Hypertension assessed at 30%, rounded off to 50% for life, from the date of his retirement from the service i.e., 31.03.2023.
2. The facts giving rise to the present petition are that the respondent was retired from the service on 31.03.2023 under clause ‘on attaining superannuation with permanent low medical category A4G4 (P)’. The Release Medical Board [‘RMB’] held on 24.11.2022 assessed the disabilities i.e., Primary Hypertension (Old) 10.0 at 30% for life and Impaired Fasting Glucose (Old) R-73.03 at 15% for life, compositely assessed at 40.5% for life. The RMB opined that since the onset of the disease was at the time when the respondent was serving at the peace station i.e., AFCAO, New Delhi and was due to the lifestyle disorder, the aforesaid disabilities
The burden of proof concerning entitlement to disability pension lies with the military establishment, which must provide cogent reasons for denying claims.
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 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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