Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pension Regulations for the Army 1961: Regulation 173 - Disability Pension |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Pension Regulations for the Army, 1961: Regulation 173 - Disability Pension — Respondents invalided out of service on account of medical disability - Whether the disability which each one of the respondents suffered was attributable to or aggravated by military service and the Tribunal has not erred in holding the respondents entitled to claim disability pension — Held: It is for the employer to prove that the disability/disease was wholly unrelated to military service since otherwise the rules raise a presumption that the deterioration in the health of the member of service was on account of military service or aggravated by it + In the instant case, fhere was admittedly neither any note in the service records of the respondents at the time of their entry into service nor any reasons recorded by the Medical Board to suggest that the disease which the member concerned was found to be suffering from could not have been detected at the time of his entry into service — Each one of the respondents having been discharged from service on account of medical disease/disability, the disability must be presumed to have been arisen in the course of service. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2015 INSC 114 |
Petitioner | Union Of India&anr. |
Respondent | Rajbir Singh |
SCR | [2015] 2 S.C.R. 183 |
Judgement Date | 2015-02-13 |
Case Number | 2904 |
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