Union of India v. Colonel Ak Nath (Retd)
Case brief
What is this about?
Disability pension; Armed Forces Tribunal Mumbai; attributability and aggravation; Invaliding/Release Medical Board opinion not sacrosanct; constitutional and lifestyle diseases (primary hypertension, diabetes mellitus, dyslipidemia, obesity, chronic myeloid leukemia, panic disorder); low medical category; premature retirement/superannuation; Pension Entitlement Rules 2008 vs 1982 (Rules 4-8, 10-12); Navy (Pension) Regulations 1964 Regs 100/101/105/105-B; Pension Regulations for the Army 1961 Reg 173 and 2008 Reg 37; Guide to Medical Officers (Military Pension) 2002/2008; Dharamvir Singh (2013) 7 SCC 316; Rajumon T.M. 2025 SCC OnLine SC 1064; reasons by Medical Board crucial; onus/benefit of doubt on employer; rounding off disability element; delay and laches not fatal (Rule 7); Article 226 perversity standard; writ petitions dismissed; interim orders vacated.
What did the court decide?
It is not correct to say that the Tribunal cannot interfere with the findings of the Invalidating/Invaliding Medical Board; the Medical Board's opinion is not sacrosanct.