Union of India Thru. Secy. Govt. of India Ministry of Defence, New Delhi and Others v. NO.JC-702076L, Ex Naib Subedar Jai Kumar Panicker
Case brief
What is this about?
disability pension; Primary Hypertension ICD I 10.0; attributable to or aggravated by military service; NANA; Release Medical Board; reasoned decision by Medical Board; Form AFMSF-16 Part VII; Regulation 173 Pension Regulations for the Army 1961; Appendix II Entitlement Rules; Regulation 423 Regulations for Medical Services for Armed Forces 1983; GMO(MP)-2008 para 43 Chapter VI; Rule 13(3) Item I (i)(a) Army Rules 1954; beneficial interpretation; liberal construction; onus on authority; peace station stress and strain; causal connection; Dharamvir Singh (2013) 7 SCC 316; Rajumon T.M. 2025 SCC OnLine SC 1064; Maniben Maganbhai Bhariya (2022) 16 SCC 343; Armed Forces Tribunal Lucknow OA No.859 of 2021; WRIT - A No. 87 of 2024; Allahabad High Court Lucknow Bench.
What did the court decide?
Writ petition of Union of India dismissed; order of discharge of the respondent from service on medical invalidity not disturbed; respondent directed to be granted disability pension with immediate effect with all attending benefits, as per rules.