Union of India and Anr. v. K v Santosh
Case brief
What is this about?
disability pension; attributability; aggravation by military service; Invaliding Medical Board / Release Medical Board opinion not sacrosanct; Tribunal jurisdiction to override Medical Board; lifestyle diseases in peace station (primary hypertension, diabetes mellitus, obesity); low medical category release/retirement; Pension Entitlement Rules 2008 vs 1982 (no drastic change, only cosmetic); causal connection Rule 6; onus of proof Rule 7 (delay not a bar); post-discharge claims Rule 8 (seven-year window); Rule 11 aggravation definition; Navy (Pension) Regulations 1964 Regs 100, 101, 105, 105-B; Pension Regulations for the Army 1961 Reg 173; Pension Regulations for the Army 2008 Reg 37 (rounding off / disability element with retiring pension); Guide to Medical Officers (Military Pension) 2002 & 2008; presumption of sound health at entry; benefit of doubt; employer's onus; Dharamvir Singh (2013) 7 SCC 316; Rajbir Singh (2015) 12 SCC 264; Ramavtar 2014 SCC OnLine SC 1761; Sukhvinder Singh (2014) 14 SCC 364; Bijender Singh 2025 SCC OnLine SC 895; Rajumon T.M. 2025 SCC OnLine SC 1064 (need for reasoned Medical Board opinion); Narsingh Yadav (2019) 9 SCC 667 distinguished; D.S. Nakara (1983) 1 SCC 305 (pension not bounty); Article 226 review of AFT decisions; Armed Forces Tribunal Mumbai OA grants upheld; writ petitions by Union of India dismissed; interim orders vacated.