AIROnline 2025 SC 281

Supreme Court Of India

Hon'ble Judge(s): Abhay S. Oka, Ujjal Bhuyan , JJ

Armed Forces Tribunal Act (55 of 2007) , S.14— Pension Regulations for the Army (1961) , Regn.173— Entitlement Rules for Casualty Pensionary Awards (1982) , R.9, R.14— Disability element of disability pension - Dismissal of claim - Legality - Only on basis of remarks of Invaliding Medical Board and Re-Survey Medical Boards, Tribunal had held that since disability of appellant was less than 20%, he would not be entitled to disability element of disability pension - Tribunal failed to examine whether disability was attributable to or aggravated by military service- Neither Invaliding Medical Board nor Re-Survey Medical Boards had mentioned that disease for which appellant was invalided out of service could not be detected at the time of entry into military service - Invaliding Medical Board had stated that no disability existed before entering service - It is settled law that if there is no note or report of Medical Board at the time of entry into service that the member suffered from any particular disease, presumption would be that member got afflicted by said disease because of military service - Burden of proving that disease was not attributable to or aggravated by military service, was on employer - Further, disease or disability for which a member of armed forces is invalided out of service would have to be assumed to be above 20% - Directions were given to respondents to grant disability elem....