Supreme Court of India

Union of India & Anr. v. Rajbir Singh

Neutral citation
Reported as [2015] 2 S.C.R. 183
Bench T.S. Thakur and R. Banumathi JJ.
Decided 13 February 2015

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that each one of the respondents having c been discharged from service on account of medical disease/ disability, the disability must be presumed to have been arisen in the course of service which must, in the absence of any reason recorded by the Medical Board, be presumed to have been attributable to or aggravated by military service.

Judgment, page 19

From the headnote

Pension Regulations for the Army, 1961: Regulation 173 - Disability Pension - Respondents invalided out of service on account of medical disability - Whether the disability which each one of the respondents suffered was attributable to or aggravated by military service and the Tribunal has not erred in holding the respondents entitled to claim disability pension - Held: It is for the employer to prove that the disability/disease was wholly unrelated to military service since otherwise the rules raise a presumption that the deterioration in the health of the member of service was on account of

Where later benches applied it

Of those, 2 referred to · 1 not applicable

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