Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Rajasekar, JJ
Union of India, Rep. by the Secretary, Ministry of Defence, Govt. Of India, South Block, New Delhi – Appellant
Versus
Registrar, Armed Forces Tribunal – Respondent
ORDER :
S.M.Subramaniam J.
Under assail is the order dated 03.03.2022 passed in O.A.No.198 of 2020 on the file of the Armed Forces Tribunal, Regional Bench, Chennai.
2. The Union of India represented by the Secretary, Ministry of Defence is the writ petitioner before this Court.
3. The second respondent ex-service man instituted Original Application before the Armed Forces Tribunal (hereinafter referred as AFT) challenging the validity of the order dated 18.12.2019, wherein the competent authority of the Ministry of Defence rejected the petition stating that the second respondent preferred a delayed/time barred appeal after a gap of 12 years. The Tribunal allowed the disability claim of the second respondent relying on the Judgment of the Hon’ble Apex Court in Dharamvir Singh vs. Union of India and Others reported in (2013) 7 SCC 316
4. The facts in nut shell not seriously disputed between the parties would reveal that the second respondent was enrolled in Indian Army on 07.05.1973 and discharged on 31.08.1994 under Army Rule 13 (3) item III (i) of Army Rules 1954 after rendering 21 years 3 months and 25 days of qualifying service. The second respondent was drawing service pension from
Disability pension claims must establish a direct connection to military service, with the burden of proof on the claimant, especially under new 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 be substantiated by evidence proving the disability's connection to military service, as medical board opinions are final unless contradicted.
The court established that ex-servicemen with disabilities over 20% are entitled to disability pensions, emphasizing the presumption of service connection and the burden of proof on medical authoriti....
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
