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Supreme Court examined the legal effect of the Entitlement Rules 2008, their relationship with the 1982 Rules, the role of Medical Board opinions, and the shift in burden of proof after 15 years in disability pension claims.
Justice Nongmeikapam Kotiswar Singh served as the Chief Justice of Jammu & Kashmir and Ladakh High Court, prior to being elevated as Judge of the Supreme Court of India on 18-7-2024.
Disability pension is a vested and recurring right, partaking the character of property under Article 300-A, and once found due, must be granted from the date it became payable.
“A mere statement that the disease of a lifestyle disorder cannot be a sufficient reason to deny the grant of Disability Pension unless the Medical Board has duly examined and recorded the particulars relevant to the individual concerned.”
A quick legal roundup to cover important stories from all High Courts this week.
Supreme Court found that the Tribunal had merely relied on the remarks of the Invaliding Medical Board and the Re-Survey Medical Boards to conclude that, since the appellant’s disability was assessed at less than 20%, he was not entitled to the disability element of the disability pension.
“The mere fact that the disease manifested itself many years after joining service is sufficient to conclude that the same was attributable to military service because it is an established fact that stress and strain in military service is unique.”
The applicant was enrolled in the Indian Army in 1985 in a fit state of health and mind, however, after 26 years of service he was diagnosed with primary hypertension @30% for life and was subsequently discharged.
A quick legal roundup to cover important stories from all High Courts this week.
Respondent 1 was enrolled in Indian Army and was discharged from service on compassionate grounds. During his service, he incurred the disability of ‘Sensori Neural Hearing Loss B/L-H90′. Respondent 1’s disability element claim was rejected by the Competent Authority on the ground the disability is assessed as less than 20%.
Despite holding an indefeasible right to become the able recipient of disability pension, there was a financial detriment to the petitioner.
A pension of Rs. 500 to Rs. 900 per month is being given by the State Government to persons with disability, under the State sponsored Scheme Madhu Babu Pension Yojna as per their eligibility.
Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member
Supreme Court: In a case where a soldier, after serving in the Regular Army for 25 years, was re-enrolled in the Infantry
Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) granted disability
“All efforts are made by military doctors and the organization to help a soldier who has become a victim of ‘Alcohol Dependence Syndrome’ and only when all efforts fail the soldier is invalided out on ground of ‘Alcohol Dependence Syndrome”.
Armed Forces Tribunal (Lucknow Bench): The Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member (A),
Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, heard
Armed Forces Tribunal: Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, allowed the application
Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) allowed an