In Brief
An ex-Havildar of the Indian Army enrolled in 1984 with a clean medical certificate subsequently developed a bilateral lower limb disability (assessed at 30%) and was discharged on medical grounds. The Medical Board denied him disability pension, stating the disability was not attributable to military service, without providing supporting reasons. The Supreme Court allowed his appeal, holding that soldiers are presumed healthy at recruitment and any subsequent disability is presumed service-related. The burden lies on the employer to prove otherwise with reasoned findings. Since no pre-existing disability was noted and the Board gave no reasons for its denial, the appellant was entitled to disability pension from his discharge date.
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