Union of India & Ors. v. IC-47975M Col. Ish Kumar Khurana (Retd.)
Armed Forces – Disability pension
Case brief
What is this about?
Disability element of pension; Entitlement Rules 1982 vs 2008; Rule 5 presumption removed; Rule 7 onus on Department/RMB; Regulation 423 RMSAF 2010 – field/peace area immaterial, causal connection essential; peace station posting; lifestyle disease; Diabetes Mellitus Type-II; Primary Hypertension; Ischaemic Heart Disease; GMO 2008 Paras 26/43/47; reasoned Medical Board/RMB report mandatory; Dharamvir Singh (2013) 7 SCC 316; Rajbir Singh (2015) 12 SCC 264; Manjeet Singh (2015) 12 SCC 275; Rajumon T.M. 2025 SCC OnLine SC 1064; Narsingh Yadav (2019) 9 SCC 667; Gawas Anil Madso followed; AFT Principal Bench orders upheld; Union of India writ petitions dismissed; Article 226; limited scope of writ review.
What did the court decide?
None to the petitioners. The writ petitions filed by Union of India were dismissed, leaving undisturbed the Tribunal's orders granting the respondents the disability element of pension (in the lead matter, the disability element at 20% for life rounded off to 50% for life).