Union of India through Ministry of Defence v. Lt. Col.Yesh Paul Sharma (Retd.) No Ic 48205N
Case brief
What is this about?
Disability pension; Armed Forces Tribunal Mumbai; Invaliding Medical Board; Release Medical Board; attributability; aggravation; constitutional disorder; lifestyle diseases (hypertension, diabetes mellitus, obesity); Pension Entitlement Rules-2008 Rules 4,5,6,7,8,10,11,12; Pension Entitlement Rules-1982; Navy (Pension) Regulations 1964 Regs. 100, 101, 105, 105-B; Pension Regulations for the Army 1961 Reg. 173; Pension Regulations for the Army 2008 Reg. 37; Guide to Medical Officers (Military Pension); Army Rules 1954 Rule 13(3); Casualty Pension Rules 2008; Dharamvir Singh (2013) 7 SCC 316; Rajumon T.M. 2025 SCC OnLine SC 1064; rounding up/off of disability element; benefit of doubt; onus on employer; Article 226 Constitution of India; writ petitions dismissed; interim orders vacated.
What did the court decide?
None to the petitioner Union of India: the writ petitions (whole batch) were dismissed for want of merit; the interim order dated 15 February 2024 in Original Side Writ Petition No. 4362 of 2024 and similar interim orders in connected matters were ordered to stand vacated.