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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, SUDEEPTI SHARMA
Joginder Kaur – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Sureshwar Thakur, J.
1. Through the instant writ petition, the petitioner herein prays for setting aside of the order dated 09.08.2024 (Annexure P-3) as passed by the learned Armed Forces Tribunal, Chandigarh, where bys, the application filed by the petitioner for grant of family pension besides the grant of benefit of disability pension of her deceased husband was dismissed.
Factual Background
2. The husband of the petitioner was enrolled in the Army on 18.12.1971 and was invalided out from service on 26.05.1977 on account of the husband of the petitioner suffering from 'Schizophrenia'. The degree of the disability was assessed @ 40 % for two years.
3. The disability element claim of the husband of the petitioner was rejected by the Competent Authority, thus on the ground that the supra disability was neither attributable to nor being aggravated by rendition of military service.
4. The husband of the petitioner did not prefer any appeal against the rejection of his claim for grant of disability pension.
5. The husband of the petitioner died on 27.08.1994. The petitioner sent representations to the competent authority rather for grant of family pension but the same were rejecte
Disability pension claims must be presumed service-related if not recorded at enlistment, with the burden of proof on the employer to demonstrate otherwise.
Disability pension claims must establish a direct connection to military service, with the burden of proof on the claimant, especially under new regulations.
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 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 ....
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