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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Rajasekar, JJ
The Union of India, Rep. by the Secretary, Ministry of Defence, Govt. of India, South Block, New Delhi 110 011 – Appellant
Versus
Rank-EX-Lnk (TS) A Muthu – Respondent
| Table of Content |
|---|
| 1. disability claims based on military service require validation by a medical board. (Para 1 , 2 , 5 , 6) |
| 2. judicial reliance on precedents must consider the current regulations. (Para 3 , 4 , 7) |
| 3. disability pension eligibility is governed by updated regulations. (Para 12 , 13 , 14) |
| 4. the burden of proof lies with the employer unless rebutted by medical evidence. (Para 20 , 21 , 22) |
| 5. the prior order is set aside due to errors in applying current legal standards. (Para 28) |
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
Under assail is the order dated 19.04.2022 passed in O.A.No.69 of 2021 on the file of the Armed Forces Tribunal, Regional Bench, Chennai.
2. The Union of India represented by the Secretary, Ministry of Defence is the writ petitioner before this Court.
3. The first respondent ex-service man instituted Original Application before the Armed Forces Tribunal (hereinafter referred as AFT) challenging the validity of the order dated 19.11.2020. The Tribunal allowed the disability claim of the first respondent relying on the Judgment of the Hon’ble Apex Court in Dharamvir Singh vs. Union of India and Others reported in (2013) 7 SCC316
4. The facts in
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