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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, OM PRAKASH SHUKLA, JJ
UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE & ORS. – Appellant
Versus
EX SGT ABHAYA KUMAR RATH 721024 N – Respondent
| Table of Content |
|---|
| 1. disability pension eligibility (Para 1 , 2) |
| 2. service-related disability assessment (Para 3 , 4) |
| 3. judicial review scope (Para 5 , 6) |
| 4. burden of proof principles (Para 7 , 8 , 9) |
| 5. finality and compliance order (Para 10 , 11 , 12) |
1. This petition assails order dated 29 May 2025 passed by the Armed Forces Tribunal1 in OA 361/2018 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Prolapsed Inter Vertibral Disc L4-L52 with 30% disability has been allowed by the AFT.
1 “the AFT”, hereinafter
2 “PIVD”, hereinafter
2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso3.
3 2025 SCC OnLine Del 2018
4 “RMB”, hereinafter
3. Nonetheless, we have heard Mr. Manish Rohilla, learned SPC for the petitioners, and have perused the record.
4. The respondent was released in Low Medical Category on his being found to be suffering from PIVD. From the record, including the proceedings of the Release Medical Board4, the following facts emerged:
(i) The respondent had served in the Air Force for over 28 years before he was diagnosed as suffering from PIVD.
(ii) The respondent, in his
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