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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.RAJASEKAR, JJ
Union of India through the Secretary to Government of India Ministry of Defence South Block, New Delhi – Appellant
Versus
Registrar Armed Forces Tribunal – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Under assail is the order dated 31.10.2023 passed by the Armed Forces Tribunal, Regional Bench at Chennai in O.A.No.86 of 2022.
2. The second respondent instituted original application claiming disability pension w.e.f. 01.04.2006 from 30% duly broadbanded to 50% for life, 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 second respondent was commissioned in the Indian Army on 21.12.1975 (PC) and retired from service on 31.03.2006 on reaching the age of superannuation. The second respondent was placed in low medical category S1H1A1P2E1 for disability 'Primary Hypertension', which was regarded as 'NANA' with degree of disablement @ 30% for life and the Release Medical Board considered the said disability as neither attributable to nor aggravated by military service. Therefore, the initial claim of the second respondent for grant of disability pension was rejected by the competent authority vide the letter dated 31.01.2006. After a long delay of 15 years, the second respondent prefer
Disability pension eligibility requires the disability to be attributable to or aggravated by military service, and claims must adhere to statutory limitation periods.
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 pensions require that disabilities be attributable to or aggravated by military service, as per Regulation 37 of the Pension Regulations for the Army.
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 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 ....
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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