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Supreme Court of India 2019-10-03 dismissed

No. 14666828M Ex CFN Narsingh Yadav vs Union of India & Ors

Bench: 2 — Hemant Gupta

In Brief

A soldier enrolled at age 18 was discharged in 2007 after suffering from schizophrenia, assessed at 20% disability. He sought disability pension but was rejected by the Armed Forces Tribunal. The Supreme Court dismissed his appeal, holding that while mental disorders may ordinarily escape detection at enrolment, this does not automatically presume attributability to military service. The 1996 amendment to Rule 14 requires clear proof that the disease course was adversely affected by military service conditions. Since the soldier was posted in a peaceful station as a Vehicle Mechanic with no evidence of stress or strain, he failed to establish the required nexus between service conditions and his illness.

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Military Law Disability Pension Service Attributability Constitutional Law Armed Forces Tribunal

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