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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MANINDRA MOHAN SHRIVASTAVA, G.ARUL MURUGAN
NTR 16636-L Col Yesudian Sugumar P (Retd), Son of Pichmoni – Appellant
Versus
Ministry of Defence – Respondent
| Table of Content |
|---|
| 1. denial of disability pension by release medical board. (Para 5 , 6 , 7) |
| 2. petitioner's arguments regarding attributability of disability. (Para 10) |
| 3. regulations and legal principles regarding disability pension. (Para 11 , 12 , 13) |
| 4. court's evaluation of medical evidence and observance of regulations. (Para 22 , 23 , 24) |
| 5. final dismissal of the petition. (Para 25) |
ORDER :
G.ARUL MURUGAN, J.
Embittered by an order dated 24.10.2024 passed by the Armed Forces Tribunal rejecting the claim of the petitioner seeking disability pension, the present writ petition is filed.
2.1. The nub of the matter runs thus: The petitioner retired from the Indian Army on 31.5.2021 after rendering service of 34 years, 5 months and 4 days. Prior to his superannuation, on 28.5.2021, the Release Medical Board assessed the disability of the applicant due to Hypertension at 30% for life, but opined that the disability is neither attributable to nor aggravated by military service. The decision of the Release Medical Board denying disability pension was communicated on 20.9.2021.
2.2. Questioning the said order, the petitioner preferred a First Appeal before the Appellate Committee on First Appe
Disability pension claims require proof of service-related causation; mere diagnosis does not suffice without evidence of attribution to military service per applicable 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 ....
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 burden to prove that a disease or disability is neither attributable to nor aggravated by service conditions rests entirely on the employer. A medical board cannot deny pension benefits by merely....
Disability pensions require established causal connections with military service, with medical assessments needing thorough reasoning for denying claims; presumption of service-related conditions has....
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