Union of India and Ors. v. Cdr Kavikant Mahapatra
Case brief
What is this about?
Disability pension; attributability and aggravation; Invaliding Medical Board / Release Medical Board opinion; constitutional disorder; presumptive sound health at entry; benefit of doubt; onus on employer; rounding up of disability element; Pension Entitlement Rules 2008 vs 1982; Rule 4 invalidment; Rule 5 medical test at entry; Rule 6 causal connection; Rule 7 onus of proof and 15-year limitation; Rule 8 post-discharge claims; Rule 10 attributability (diseases); Rule 11 aggravation; Rule 12 competent authorities; Navy (Pension) Regulations 1964 Regulations 100, 101, 105, 105-B; Pension Regulations for the Army 1961 Reg. 173 and 2008 Reg. 37; Guide to Medical Officers (Military Pension) caption 43 Hypertension; Army Rules 1954 Rule 13(3) Item III(i); Armed Forces Tribunal Mumbai; Article 226 judicial review of Tribunal; lifestyle diseases at peace stations; premature retirement / superannuation in low medical category; Dharamvir Singh; Rajumon T.M. reasons requirement; batch dismissal of Union of India writ petitions; vacation of interim orders.