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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, SUDEEPTI SHARMA
Union Of India – Appellant
Versus
No 15495906n Ex Ald Umesh Bura – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner herein-Union of India, prays for the setting aside of the order dated 17.01.2024 (Annexure P-1), as passed by the learned Armed Forces Tribunal concerned (hereinafter for short called as the Tribunal), wherebys the claim of respondent No. 1 for the grant of disability pension was allowed.
Factual Background
2. Respondent No. 1 joined Army on 22.04.2004 and discharged w.e.f. 30.04.2021 post rendering 17 years 08 days of service At the time of discharge from service, respondent No. 1 was placed in low medical category P2 (Permanent) owing to his disabilities 'LEFT ATRIAL MYXOMA WITH CEREBRAL EMBOLIC PHENOMENON (OPTD) and LEFT MCA PCA INFRACT SECONDARY TO ATRIAL MYXOMA (1-63.4)'. The degree of the said disabilities were compositely assessed @ 36% for life, however, the same were held to be neither attributable to nor being aggravated by military service by military service. Accordingly the claim of the respondent for grant of disability pension was rejected but no rejection letter was conveyed to the respondent no. 1. Hence, the application for redressal of his grievance has been filed on 06.04.2022, however
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 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.
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 ....
Disability pension claims must be substantiated by evidence proving the disability's connection to military service, as medical board opinions are final unless contradicted.
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