Union of India Thourgh Minstry of Defence v. Lt Col Sk Rathodre Deceased through His Widow Collen Rathore
Case brief
What is this about?
Disability pension entitlement; attributability and aggravation of disease; Invaliding/Release Medical Board opinion not sacrosanct; Tribunal's jurisdiction to review Medical Board findings; Armed Forces Tribunal Mumbai; Pension Entitlement Rules 2008 (Rules 4, 5, 6, 7, 8, 11) versus 1982 Entitlement Rules; Navy (Pension) Regulations 1964 — Regulations 100, 101, 105, 105-B; Pension Regulations for the Army 1961 — Regulation 173; Pension Regulations for the Army 2008 — Regulation 37; Guide to Medical Officers (Military Pension) 2002/2008; constitutional and lifestyle diseases — hypertension, diabetes mellitus, dyslipidemia, obesity, hearing loss, chronic myeloid leukaemia; onus of proof on employer; benefit of doubt; rounding up of disability element; delay and laches not a bar; Dharamvir Singh (2013) 7 SCC 316; Rajumon T.M. 2025 SCC OnLine SC 1064; writ petitions dismissed.