DHARAMVIR SINGH versus UNION OF INDIA & ORS.

DHARAMVIR SINGH versus UNION OF INDIA & ORS.

Where no note of any disabling disease exists at time of recruitment, and discharge is due to disease (here, generalised seizure) after years of service, presumption operates in favour of the appellant that the disability arose from the conditions of military service; pension sanctioning authority and Medical Board...

Source-derived case information.

Parties
Appellant: Dharamvir Singh; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
02 July 2013
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Judgment
Outcome
appeal allowed; Division Bench order set aside; Single Judge order restored
Legal Topics
Disability Pension, Presumption of Sound Condition, Medical Board Opinion, Entitlement Rules
Armed Forces Law Pension Law Disability Pension Presumption of Sound Condition Medical Board Opinion Entitlement Rules

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Parties

Dharamvir Singh

Appellant

Union of India & Ors.

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Presumption of sound physical and mental condition upon entering military service if no disabilities or diseases noted at the time of entrance
  2. 2 Entitlement to disability pension for appellant discharged on medical grounds

Ratio Decidendi

Where no note of any disabling disease exists at time of recruitment, and discharge is due to disease (here, generalised seizure) after years of service, presumption operates in favour of the appellant that the disability arose from the conditions of military service; pension sanctioning authority and Medical Board must not deny disability pension mechanically, and must provide reasoned opinions, else appellant is entitled to disability pension by operation of presumption under regulations.

Court Disposition

appeal allowed; Division Bench order set aside; Single Judge order restored

Orders

  • Respondents directed to pay appellant benefit in terms of Single Judge's order in accordance with law within three months if not yet paid; otherwise liable to pay interest as per Single Judge's order.
  • No costs.