Union of India through Ministry of Defence v. Col (Ts) Asim Kumar Ramendra Chandra Dutta IC-38910X
Case brief
What is this about?
disability pension; Armed Forces Tribunal Mumbai; Invaliding Medical Board; Release Medical Board; attributability; aggravation; constitutional disorder; lifestyle diseases; primary hypertension; diabetes mellitus; Pension Entitlement Rules 2008 (Rules 4, 5, 6, 7, 8, 10, 11, 12); Entitlement Rules 1982; Regulation 173 Pension Regulations for the Army 1961; Regulation 37 Pension Regulations for the Army 2008; Navy (Pension) Regulations 1964 Regulations 100, 101, 105, 105-B; Guide to Medical Officers (Military Pension); onus of proof; benefit of doubt; liberal interpretation of beneficial provisions; rounding off disability element; low medical category; premature retirement; Article 226 judicial review of Tribunal; Union of India petitioner; writ petitions dismissed; interim orders vacated; Dharamvir Singh; Rajumon T.M.; Bijender Singh.
What did the court decide?
No relief to the petitioner Union of India; the Tribunal's disability pension grants stand. Additionally, the interim order dated 15th February 2024 passed in Original Side Writ Petition No. 4362 of 2024 and other similar orders passed in connected matters were directed to stand vacated.