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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, SUDEEPTI SHARMA
Union Of India – Appellant
Versus
No. 15399955Y Ex Hav Arjun 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 15.11.2022 (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. Respondent No. 1 joined Army on 01.05.1996 in a fit state of health. During the course of his service, he incurred the disabilities of (i) PRIMARY HYPERTENSION WITH TARGET ORGAN DAMAGE (1-10), (ii) SMALL CONGENITALLY HYPOPLASTIC LT KIDNEY and (iii) TYPE II DISABETES MELLITUS and was discharged from service on 30.04.2020. At the time of discharge, his disabilities were respectively assessed @ 40%, @30 % and @20% and @66.4% composite for life.
3. The disability element claim of the respondent was rejected by the Competent Authority, thus on the ground that the supra disabilities were neither attributable to nor being aggravated by rendition of military service.
4. Respondent No. 1 filed first appeal dated 19.09.2020. However, the same was rejected by the Appellate Committee vide order dated 19.02.2021.
5. Feeling aggrieved, respondent No.1 filed O.A.
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 ....
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....
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 ....
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