IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Manmeet Pritam Singh Arora, JJ
Union Of India – Appellant
Versus
Raghvendra Kumar Tripathi – Respondent
| Table of Content |
|---|
| 1. judicial validation of tribunal orders when medical board fails to provide cogent reasons for denial. (Para 1 , 4 , 10 , 11) |
| 2. posting to a peace station does not automatically negate service-related disease contribution. (Para 2 , 7 , 8) |
| 3. burden of proof regarding medical unfitness rests solely on the military administration. (Para 3 , 5 , 6 , 9) |
MANMEET PRITAM SINGH ARORA, J. (ORAL)
1. This petition lays a challenge to the order dated 18.10.2024 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter, ‘Tribunal’), whereby the O.A. 1675/2025 titled Air Cmde Raghvendra Kumar Tripathi (Retd) v. Union of India and Ors., filed by the respondent herein has been allowed by stating reasons in paragraphs 6 to 10, which reads as under: -
“6. On the careful perusal of the materials available on record and also the submissions made on behalf of the parties, we are of the view that it is not in dispute that the extent of disability was assessed to be above 20% which is the bare minimum for grant of disability element of pension in terms of Regulation 153 of the Pension Regulations for the Air Force, 1961 (Part-1). The only question that arises f
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