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SURESHWAR THAKUR, SUDEEPTI SHARMA
Kala Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(Sureshwar Thakur, J.)
Through the instant writ petition, the petitioner herein prays for setting aside order dated 09.05.2022 (Annexure P-1), as passed by the learned Armed Forces Tribunal concerned, wherebys the the petitioner’s claim for grant of disability pension has been rejected.
Factual Background
2. The applicant was enrolled in the Indian Army on 06.07.2001 and became invalided from service on 15.12.2001 after rendering 05 months and 09 days service. The supra occurred, under Army Rule 13 (3) item (iv) being medical category for the disabilities “Ptosis RT Eye and Mixed Astigmatism”. The supra disability of the applicant became regarded as neither attributable to nor being aggravated by military service. Moreover, the degree of the disability was assessed as less than 20 % (06-10%) for each disability and composite assessment of both disabilities were assessed as less than 20% (11-14%) for life. Accordingly, the claim of the applicant was processed to PCDA (P) Allahabad for adjudication, who however rejected the same on the ground, that the disabilities in question are neither attributable to nor aggravated by military service but with an advice to prefer an app
Disability pension claims must be presumed service-related if not recorded at enlistment, with the burden of proof on the employer to demonstrate otherwise.
The presumption of sound health upon entry into military service requires the employer to prove that a disability is not attributable to or aggravated by military service, especially when the individ....
The absence of adequate reasoning by the Medical Board regarding disability attribution to military service invalidates denial of pension rights.
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....
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