Union of India v. Ex Sub (Clk) Khatal Ankush Anandrao
Case brief
What is this about?
Bombay High Court (Shree Chandrashekhar, CJ) dismisses Union of India's batch of writ petitions against Armed Forces Tribunal, Mumbai disability-pension awards to Army/Navy personnel released in low medical category or invalided out (lead: Lt. Col. S.K. Rathore, diabetes mellitus, OA 166/2020). Holds Medical Board opinion not sacrosanct and open to Tribunal interference; Pension Entitlement Rules-2008 not restrictive vis-a-vis 1982 Rules; onus of excluding service connection on employer; liberal construction and benefit of doubt to serviceman; Dharamvir Singh, Rajbir Singh, Ramavtar, Sukhvinder Singh, Bijender Singh, Rajumon T.M. relied on; Narsingh Yadav distinguished. Keywords: disability pension, attributability, aggravation, Invaliding/Release Medical Board, rounding off, low medical category, hypertension, diabetes mellitus, Pension Entitlement Rules 2008, Navy (Pension) Regulations 1964, Regulation 173/37 Army Pension Regulations, Article 226.