Union of India and Anr. v. Anan Jaiswal
Case brief
What is this about?
Search terms: disability pension; attributable to or aggravated by military service; Invaliding Medical Board; Release Medical Board; constitutional disorder; lifestyle diseases (primary hypertension, diabetes mellitus Type II, dyslipidemia, obesity, chronic myeloid leukemia C92.1, panic disorder F41.0, bilateral sensorineural hearing loss, cervical spondylosis, monomelic amyotrophy); rounding up of disability element to 50%; low medical category; Shape I; operation Parakram; Rakshak; peace station posting; Entitlement Rules for Casualty Pensionary Awards to the Armed Forces Personnel 2008 (Pension Entitlement Rules-2008) Rules 4, 5, 6, 7, 8, 10, 11, 12 (invalidment, medical test at entry, causal connection, onus of proof/15-year retention, post-discharge 7-year rule, attributability, aggravation, competent authorities); Pension Regulations for the Army 1961 Regulation 173; Pension Regulations for the Army 2008 Regulation 37 (disability element with retiring pension); Navy (Pension) Regulations 1964 Regulations 100, 101, 105, 105-B; Army Rules 1954 Rule 13(3) Item III(i); Casualty Pension Rules 2008 appeals; Guide to Medical Officers (Military Pension) 2002 caption 43 Hypertension; Guide to Medical Officers (Military Pension) 2008; judicial review of Medical Board opinion by Armed Forces Tribunal; Tribunal jurisdiction over medical boards; Article 226 Constitution interference with inferior tribunal; perversity standard; delay and laches; voluntary retirement; premature retirement; liberal interpretation of beneficial pension provisions; pension not a bounty; Dharamvir Singh presumption doctrine; Rajumon T.M. reasons by Medical Board crucial; Narsingh Yadav distinguished; Armed Forces Tribunal Mumbai; Bombay High Court Civil Appellate Jurisdiction; batch of writ petitions led by WP 1994 of 2024 (OA 166 of 2020, Lt Col S.K. Rathore, diabetes mellitus 20% for life).