Union of India v. Jc 730893A Ex Sub Bhosale Sudhir Anna
Case brief
What is this about?
Disability pension; attributability and aggravation; causal connection; Invaliding/Release Medical Board opinion not sacrosanct; Tribunal's jurisdiction to review Medical Board findings; lifestyle/constitutional diseases (primary hypertension, diabetes mellitus, dyslipidemia, obesity, bilateral sensorineural hearing loss, chronic myeloid leukemia, panic disorder); low medical category release, premature retirement and superannuation cases; rounding off disability element to 50%; Entitlement Rules for Casualty Pensionary Awards 2008 (Rules 4, 5, 6, 7, 8, 10, 11, 12) versus 1982 Rules; Navy (Pension) Regulations 1964 (Regs 100, 101, 105, 105-B); Pension Regulations for the Army 1961 Reg 173 and 2008 Reg 37; Guide to Medical Officers (Military Pension) ch. 43 Hypertension; presumption of sound physical condition on entry and employer's burden (Dharamvir Singh, Ramavtar, Rajbir Singh, Sukhvinder Singh, Bijender Singh relied on); duty of Medical Board to record reasons (Rajumon T.M. followed); Narsingh Yadav distinguished; pension a valuable right, not bounty (Deokinandan Prasad; D.S. Nakara); lead case OA No. 166 of 2020 — Lt. Col. S.K. Rathore (prematurely retired 01.07.2003; died 01.11.2014), claim pursued by widow Collen Rathore; interim orders vacated.