Back
UNION OF INDIA, REP. BY ITS SECRETARY, NEW DELHI – Appellant
Versus
BHASKARAN N. S/O LATE NARAYANAN N. – Respondent
JUDGMENT :
S. MANU, J.
1. The granting of disability pension to ex-service personnel largely depends on the opinion of the medical boards. Authorities in charge either grant or deny the benefit after analysing the opinions of medical experts. When the benefit is denied, the aggrieved individual often seeks recourse by approaching the Armed Forces Tribunal (henceforth referred to as AFT). The Tribunal then proceeds to examine the impugned decision. The main issue addressed in this judgment is to what extent and in what manner the decisions made by the authorities, relying on the opinion of medical experts, can be reviewed by the AFT.
Facts
2. Union of India and officials of it concerned have filed this writ petition against the order dated 4 August 2022 in O.A. No. 457/2018 of the Armed Forces Tribunal, Regional Bench, Kochi. The sole Respondent in the writ petition was the Applicant in the O.A.
3. We shall begin narrating the factual backdrop. The Respondent initially joined 122 Infantry Battalion (Territorial Army) in the year 1983 and continued for 6 years and 15 days. On 12 August 1989 he joined Defense Security Corps at DSC Centre, Kannur. After serving at various stations, he retir
The opinion of the Medical Board is critical in determining disability pension eligibility, and the AFT must respect this unless significant flaws are identified.
The Tribunal erred in granting disability pension without jurisdiction and misapplying the applicable regulations, lacking proof of causal connection to military service.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
