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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.RAJASEKAR, JJ
Union of India represented by the Secretary Ministry of Defence Government of India South Block – Appellant
Versus
Ex Hav Amal Singh David – Respondent
ORDER :
S.M. SUBRAMANIAM, J.
Under assail is the order dated 02.02.2023 passed by the Armed Forces Tribunal, Regional Bench at Chennai in O.A.No.119 of 2021.
2. The first respondent instituted original application claiming disability pension @ 30% w.e.f. 01.10.2019, duly broadbanding to 50% with arrears and interest, which was allowed by the Armed Forces Tribunal by the impugned order. Aggrieved thereby, the respondents in the original application have instituted the present writ petition before this Court.
3. The records would show that the first respondent was enrolled in the Indian Army on 02.09.1995 and discharged from service on 30.09.2019 after rendering 24 years and 29 days of service. It is not in dispute that the first respondent is in receipt of service pension with effect from 01.10.2019. The first respondent was placed in low medical category P2 (P) for disability due to Primary Hypertension and the Release Medical Board considered the disability as neither attributable to nor aggravated by military service, as the onset of the disability was in modified field area and there is no evidence of stress and strain due to military service. Therefore, the claim of the first respo
Eligibility for disability pension requires clear evidence that the disability is attributable to or aggravated by military service, not just medical authority's opinion.
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 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 pensions require that disabilities be attributable to or aggravated by military service, as per Regulation 37 of the Pension Regulations for the Army.
Disability pension claims must establish a direct connection to military service, with the burden of proof on the claimant, especially under new regulations.
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 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 for disability pension claims lies with the employer, and the absence of evidence linking the condition to military service justifies the rejection of t....
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 ....
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