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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice S.M.Subramaniam, Mr.Justice K.Rajasekar, JJ
Union of India, represented by the Secretary Government of India Ministry of Defence – Appellant
Versus
G. Madavan, JC 219537E Ex Sub G. Madavan – Respondent
ORDER
(S.M. SUBRAMANIAM, J.)
Under assail is the order dated 03.03.2022 passed by the Armed Forces Tribunal, Regional Bench at Chennai in O.A.No.127 of 2020.
2. The respondent instituted original application claiming disability element of pension @ 50% duly broadbanding it to 75% w.e.f. 01.04.2017 along with arrears and interest.
3. The respondent was enrolled in the Indian Army on 24.12.1990 and discharged from service on 31.03.2017 on completion of 27 years, 3 months and 8 days. It is not in dispute that the respondent is in receipt of service pension. On 10.10.2016, the Release Medical Board assessed the disability of the respondent (i) Obesity @ 1-5% (ii) Type II Diabetes Mellitus @ 20% (iii) Non Alcoholic Fatty Liver disease @ 1-5% and (iv) Coronary Artery disease @ 30% with composite assessment @ 50% for life and opined that the disability was neither attributable to nor aggravated by military service. The respondent's representation for grant of disability pension was rejected on 01.04.2017 by the competent authority stating that the disability is neither attributable to nor aggravated by military service. The appellate authority also rejected his appeal on 10.06.2019.
4. Questio
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 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.
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 ....
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 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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