In Brief
Ex. Havaldar Mani Ram Bhaira was enrolled in the Indian Army in 1984, found fit with no recorded disabilities. He was discharged in due course with a 30% disability (Bilateral PVD Lower Limb), but the Medical Board denied his disability pension claim, stating the disability was not attributable to military service. The Armed Forces Tribunal upheld this rejection. The Supreme Court allowed the appeal, holding that servicemen are presumed healthy at recruitment if no disability is noted; any disability on discharge is presumed attributable to military service unless the employer affirmatively proves otherwise with reasoned findings. Here, no reasons were given. The serviceman was entitled to disability pension from the date of discharge."
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