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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, SUDEEPTI SHARMA
Union Of India – Appellant
Versus
Sardara Singh – 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 11.02.2022 (Annexure P-1), as passed by the learned Armed Forces Tribunal concerned, wherebys the claim of respondent No. 1 for the grant of disability pension was allowed.
Factual Background
2. The respondent no. 1 joined Army on 24.11.1962 in a fit state of health. He was discharged from service on 04.10.1980. Thereafter, he was re-enrolled in DSC service w.e.f. 03.01.1983. During the course of his service, he incurred disability of 'HYPERMETROPIA AMBLYOPIA RT EYE OLD'. On attaining superannuation in DSC, he was discharged on 30.11.1997 after serving for a period of 14 years 11 months and 02 days. At the time of his release, his disability was assessed @ 30% for life.
3. The disability element claim of the respondent was rejected by the Competent Authority vide letter dated 13.06.1998, thus on the ground that the supra disability was neither attributable to nor being aggravated by rendition of military service.
4. Feeling aggrieved, respondent No. 1 preferred appeal against the rejection letter, the same was rejected by the Competent Au
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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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