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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
Ex SGT Uttam Kumar Rak – Respondent
JUDGMENT :
MANMEET PRITAM SINGH ARORA, J.
CM APPL. 61342/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P. (C) 14905/2025 & CM APPL. 61341/2025
3. The present writ petition has been filed under Article 226 of the Constitution of India against the order dated 23.11.2023 passed by the Armed Forces Tribunal, Principal Bench, New Delhi [‘Tribunal’] in Original Application [‘O.A’] No. 182/2019 titled asEx SGT Uttam Kumar Rai vs. Union of India & Ors.
4. The relevant facts, briefly stated, giving rise to the present writ petition are as follows:
4.1. The respondent, having been found medically and physically fit, was enrolled in the Indian Air Force on 18.11.1996 and was discharged from service on 30.11.2016 in low medical category A4G4(P).Before the discharge, the Release Medical Board [‘RMB’] held on02.05.2016 assessed the respondent’s disabilities - (i) Degenerative Disc Disease L4-L5 and L5-S1 (Old) at 20% for life [‘first disability’], (ii) Fracture Neck of 2nd, 3rd, 4th Metatarsal (RT) (Old) at 20% for life [‘second disability’] and (iii) Fracture Patella (RT) (OPTD) (OLD) at 30% for life [‘third disability’] compositely
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....
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.
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