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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr Justice S. M. Subramaniam, Mr Justice K. Rajasekar, JJ
Secretary, Ministry of Defence, Union of India, Government of India, South Block, New Delhi – Appellant
Versus
Registrar Armed Forces Tribunal – Respondent
ORDER :
S.M.Subramaniam J.
Under assail is the order dated 19.04.2022 passed in O.A.No.138 of 2020 on the file of the Armed Forces Tribunal, 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 17.09.2018, wherein the competent authority of the Ministry of Defence rejected the appeal on the ground that the IDs are neither attributable to nor aggravated by military service. 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 27.06.1978 and discharged on 01.03.1996 and he was re-enrolled in Defence Security Corps on 27.11.2000 and medically boarded out on 30.04.2014 after rendering 13 years 5 months and 4 days of qualifying service. The second respondent was granted
Disability pension claims must be substantiated by evidence proving the disability's connection to military service, as medical board opinions are final unless contradicted.
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 ....
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 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....
Eligibility for disability pension requires clear evidence that the disability is attributable to or aggravated by military service, not just medical authority's opinion.
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