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J. NISHA BANU, N. MALA
C. Puratchidasan – Appellant
Versus
Armed Forces Tribunal – Respondent
JUDGMENT :
J. Nisha Banu, J.
(Prayer: Writ petition filed under Article 226 of Constitution of India, praying for writ of writ of certiorarified Mandamus calling for the entire records connected with the impugned order passed by the 1st respondent in O.A.No.176 of 2021 dated 01.12.2023 and quash the same and consequently direct the respondents to sanction the petitioner’s disability pension to the petitioner w.e.f. 14.11.1998 and disburse the arrears.)
1. This writ petition has been filed for the issuance of writ of certiorarified Mandamus calling for the entire records connected with the impugned order passed by the 1st respondent in O.A.No.176 of 2021 dated 01.12.2023 and quash the same and consequently direct the respondents to sanction the petitioner’s disability pension to the petitioner w.e.f. 14.11.1998 and disburse the arrears.
2. It is averred in the writ petition that the petitioner was enrolled in the Indian Army on 26.06.1991 and was reported to Artillery centre, Nasik Roadcamp for requisite Military Training. The petitioner rendered blemishless record of service. The petitioner was posted to a different Regiment. On 03.10.1996, the petitioner was admitted as “CVS (INV) NAD
The disability pension is contingent upon demonstrable evidence that a disability is attributable to or aggravated by military service, with the medical board's findings being central to determining ....
Disability pension claims require proof of service-related causation; mere diagnosis does not suffice without evidence of attribution to military service per applicable regulations.
The court held that the Medical Board's opinion on disability attribution is final unless contradicted by substantial evidence, emphasizing the need for a clear connection between the disability and ....
Disability pension claims must establish a direct connection to military service, with the burden of proof on the claimant, especially under new regulations.
Disability pension claims must be substantiated by evidence proving the disability's connection to military service, as medical board opinions are final unless contradicted.
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 ....
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....
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