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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.BALAKRISHNAN, J, Amit Rawal
Major Ajith Jinjil – Appellant
Versus
Union of India, Represented By Its Secretary, Ministry Of Defence, South Block, New Delhi – Respondent
| Table of Content |
|---|
| 1. applicant resigned and sought pension. (Para 2 , 3) |
| 2. arguments on pension entitlement based on resignation. (Para 5 , 6) |
| 3. court's ruling on resignation and pension rights. (Para 7 , 8) |
JUDGMENT :
P.V.BALAKRISHNAN, J.
This writ petition is filed by the applicant in O.A.No.63 of 2021 on the files of the Armed Forces Tribunal, Regional Bench, Kochi, challenging the order dated 09.03.2023, dismissing his application.
2. The applicant was commissioned as a Medical Officer in the Indian Army on 19.01.1994. According to him, due to various ailments, which were attributable to his service conditions, he could not continue his service and hence, he opted for voluntary retirement from service. The Government approved his request and allowed to resign his commission and consequently, he was released from service on 16.08.2003. At that time, he was in medical category S1H1A1P3E1 for Disseminated Tuberculosis. No Release Medical Board was conducted by the Army Authorities, since as per Regulation 50 of the Pension Regulations for the Army, 1961 , an officer, who voluntarily retires, was not entitled to disability pension. After implementation of the 6th Central Pay Commission,
Resignation before qualifying service precludes entitlement to disability pension, regardless of subsequent policy changes.
A chronic disability aggravated by military service is entitled to a disability pension regardless of voluntary discharge, as established in applicable regulations.
The court established that the burden of proof for disability pension claims lies with the employer, and the absence of evidence linking the condition to military service justifies the rejection of t....
Disability pension eligibility requires the disability to be attributable to or aggravated by military service, and claims must adhere to statutory limitation periods.
The court established that the burden of proof regarding the attribution of disability to military service lies with the employer, and the presumption of sound health at enlistment is significant in ....
A member of the Armed Forces invalided out of service is presumed to have a sufficient disability to qualify for pension despite formal assessments indicating less than 20%.
Disability pensions require that disabilities be attributable to or aggravated by military service, as per Regulation 37 of the Pension Regulations for the Army.
A review petition can be granted if an error apparent on the record is found, especially where critical arguments were omitted.
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