Union of India and Ors. v. NO.6393739N, Ex-Havilkar Chandrakant Hausa Bapu Pote
Case brief
What is this about?
Disability pension — attributability and aggravation — Invaliding Medical Board / Release Medical Board opinion — judicial review by Armed Forces Tribunal, Mumbai — Entitlement Rules for Casualty Pensionary Awards 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) and 2008 (Reg 37) — Army Rules 1954 Rule 13(3) Item III(i) — Guide to Medical Officers (Military Pension) — lifestyle diseases (primary hypertension, diabetes mellitus, dyslipidemia, obesity, chronic myeloid leukemia, panic disorder) — onus of proof and benefit of doubt — rounding off disability element — delay and laches — causal connection — beneficial construction — Article 226 perversity standard — lead case Lt. Col. S.K. Rathore, OA No.166 of 2020.
What did the court decide?
None to the petitioner-Union of India; the writ petitions were dismissed and the interim order dated 15th February 2024 passed in Original Side Writ Petition No.4362 of 2024 and other similar interim orders in connected matters were directed to stand vacated.