UNION OF INDIA AND ORS. vs EX. SGT ROHIT SINGH

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3995/2025, CM APPL. 18570/2025 & CM APPL. 18571/2025 UNION OF INDIA AND ORS. .....Petitioners Through: Ms. Saroj Bidawat, SPC for UOI versus EX. SGT ROHIT SINGH .....Respondent Through: Mr. Durgesh Kumar Sharma, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 07.04.2025 C.HARI SHANKAR, J. 1. This writ petition is directed against order dated 3 January 2024 passed by the Armed Forces Tribunal 1 in OA 1021/2019, whereby the AFT has allowed the claim of the respondent to disability pension. 2. We have recently examined the entire law relating to allowability of claim for disability pension in our judgment in UOI v Ex Sub Gawas Anil Madso2 and have scanned through the judicial 1 “the AFT”, hereinafter 2 2025 SCC Online Del 2018 W.P.(C) 3995/2025 Page 1 of 6 Signature Not Verified Signed By:SHILPI Signing Date:09.04.2025 13:00:25 authorities on the point. 3. We do not wish to burden this decision with a reiteration of what is contained in the said judgment. 4. Suffice it to state that, generally speaking, the Supreme Court has accorded pre-eminence to the issue of whether, at the time when the cadet or candidate was enrolled in military service, he was suffering from the ailment which was detected later. In the event that the answer is in the negative, it is obvious that the disease arose during the course of military service. 5. In that event, the Supreme Court has held that the onus would be on the Release Medical Board 3 to establish, positively, that the disease was not attributable to military service. This has to be established by cogent material, and cannot be left to hypothesis. 6. Rule 7 of the presently existing 2008 Rules governing entitlement to disability p