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ARUN DEV CHOUDHURY
Mohan Singh – Appellant
Versus
Union of India Through The Secretary, Ministry Of Defence, Govt. Of India, New Delhi – Respondent
JUDGMENT :
1. Heard Ms. A Devi, learned legal Aid counsel for the petitioner. Also heard Mr. SS Roy, learned counsel for the respondent Nos.1 to 3.
2. The present writ petition is filed assailing orders dated 04.10.2002 and 06.01.2011 whereby the claim of the petitioner for disability pension was rejected. The further grievance of the petitioner is that he preferred an representation against such decision on 21.04.2014 and the same has not yet been decided.
3. The brief fact leading to filing of the present writ petition are as under:
II. The petitioner, while reporting before the authorities concerned and rejoining his service on 14.12.1994, informed that he had developed abno
The central legal point established in the judgment is the entitlement to disability pension for a medical condition arising during service and aggravated by it, as well as the burden of proof on the....
The main legal point established in the judgment is the application of the continuing wrongs and recurring wrongs principle to service law disputes, along with the entitlement to disability pension u....
The central legal point established in the judgment is the distinction between disability pension and invalid pension under the CCS Pension Rules, emphasizing the eligibility criteria and the impact ....
The central legal point established in the judgment is the assessment of disability pension under the applicable rules, emphasizing the principles of continuing cause of action and considering the ag....
Invalid pension can be granted for mental or physical infirmity before ten years of service under specific government rules, emphasizing the necessity of proper assessment and procedural fairness.
Court emphasized that disability not attributable to service must be substantiated by evidence, and any ambiguity favors the claimant in pension entitlement.
The main legal point established in the judgment is the presumption of sound physical and mental condition upon entering military service, the onus of proof on the employer to show non-entitlement, a....
The absence of attribution of disability to service by the Medical Board leads to a presumption of service-related disability, warranting the grant of Disability Pension.
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