Topic
The SC ruled its 2026 disability-pension judgment for ex-servicemen is not a blanket precedent; each claim must be decided on its own merits. This blocks mechanical extension to other pensionary claims, safeguarding settled cases and limiting costs.
The Supreme Court held the Entitlement Rules 2008 invalid, same as the 1982 Rules, leaving presumption of attributability intact and burden of proof on employer for disability pension claims within 15 years, affecting armed forces and government.
The Gauhati High Court ruled that a temporary constable who suffers a training-related injury is a member of the CRPF for purposes of rehabilitation and disability pension, overturning his termination. This clarifies that temporary service employees are entitled to pension benefits when permanently incapacitated.
Madhya Pradesh High Court ruled the Medical Board must establish pre-recruitment illness with evidence to deny disability pension to a BSF constable diagnosed with schizophrenia post-recruitment. The court set aside denial orders and directed grant of disability pension with arrears and interest.
Kerala High Court dismisses a writ petition challenging a disability pension denial due to a 4-year delay without satisfactory explanation, reinforcing that laches defeats litigation finality under Article 226. The ruling underscores that inordinate delays in approaching constitutional courts can forfeit relief, even in service-related disputes involving fundamental rights.
The Kerala High Court ruled that the defence department cannot deny disability pension merely because a medical condition originated in a peace station; it must prove the condition is not attributable to or aggravated by military service, especially when the claim is filed within 15 years of discharge. This shifts the legal burden decisively onto the state, empowering veterans with delayed-onset service-related disabilities to seek justice without needing to prove causation themselves.
The Madras High Court ruled that disability pension under the 2008 Rules cannot be granted based on presumptions of service stress or duration alone. The court emphasized that medical evidence linking the disability to military service is mandatory, setting a precedent for armed forces personnel seeking disability benefits. This decision reinforces the need for rigorous medical causation proof, impacting veterans' pension claims.
Kerala High Court clarifies that Rule 9 of the 1982 Entitlement Rules creates a presumption of service-related disability for medical discharge; burden shifts to state to disprove.