Union of India through Ministry of Defence v. Ex Jwo Uma Shankar Singh
Case brief
What is this about?
Disability pension — Armed Forces Tribunal, Mumbai — attributability and aggravation — Invaliding/Release Medical Board opinion not sacrosanct; Tribunal may interfere — reasons of Medical Board crucial — Pension Entitlement Rules 2008 vs 1982 regime — presumption of sound health on entry (Dharamvir Singh) — benefit of doubt to serviceman — onus on employer — rounding off disability element to 50% — lifestyle diseases (primary hypertension, diabetes mellitus, obesity, dyslipidemia) — Army and Navy personnel — low medical category release — Navy (Pension) Regulations 1964Regs. 100, 101, 105, 105-B — Pension Regulations for the Army Regs. 173, 37 — Article 226 judicial review of Tribunal — batch of ~50 writ petitions dismissed — Bombay High Court, Coram: Shree Chandrashekhar, CJ & Gautam A. Ankhad, J.
What did the court decide?
None to the petitioner Union of India — the batch of writ petitions was dismissed; the interim order dated 15th February 2024 in Original Side Writ Petition No. 4362 of 2024 and other similar interim orders passed in connected matters were directed to stand vacated.