Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Armed Forces Disability pension |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Armed Forces - Disability pension c... Entitlement to -Presumption of sound physical and mental condition uponentering service in absence of disabilities or disease notedor recorded at the time of entrance - Appellant, Sepoy inIndian Army, boarded out of service on ground of 20%permanent disability as he was found to be suffering from"Generalised seizure (Epilepsy)" - Medical Board of the Armyopined that the disability was not related to military service -Disability pension accordingly not granted to appellant -Justification - Held: A member of the Armed Forces ispresumed to have been in sound physical and mentalcondition upon entering service in absence of disabilities ordisease noted or recorded at the time of entrance - In theevent of his subsequently being discharged from service onmedical grounds, any deterioration in his health is to bepresumed due to service - In the present case, no note of anydisease was recorded at the time of appellant's acceptancefor military service - In absence of any evidence on recordto show that the appellant was suffering from "Generalisedseizure (Epilepsy)" at the time of acceptance of his service, itwill be presumed that the appellant was in sound physical andmental condition at the time of entering the service anddeterioration in his health took place due to service - Non-application of mind of Medical Board is apparent from itsopinion - The Pension Sanctioning Authority failed to notice that the Medical Board did not given any reason in supportof its opinion and mechanically passed the impugned orderof rejection based on the report of the Medical Board -Appellant entitled to benefit of presumption in his favour andthus entitled to disability pension - Entitlement Rules forCasualty Pensionary Awards, 1982- "ยท 5, 9 and 14 -PensionRegulations for the Army, 1961 - Regulation 173 - Guide toMedical (Military Pension), 2002. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 408 |
Petitioner | Dharamvir Singh |
Respondent | Union Of India & Ors. |
SCR | [2013] 8 S.C.R. 1119 |
Judgement Date | 2013-07-02 |
Case Number | 4949 |
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