Union Of India vs Naik Bhagwan Das Vishakarma (Retd) (No ...
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Madhya Pradesh High Court

Union Of India vs Naik Bhagwan Das Vishakarma (Retd) (No ... on 2 August, 2024

                                                                1                               WP-15382-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        WP No. 15382 of 2024
                              (UNION OF INDIA AND OTHERS Vs NAIK BHAGWAN DAS VISHAKARMA (RETD) (NO 10390735Y) )



                           Dated : 02-08-2024
                                 Ms. Kanak Gaharwar, learned counsel for the Petitioners.

                                 Petitioners impugn order dated 04.05.2023 whereby the Armed Forces
                           Tribunal, Regional Bench, Jabalpur has allowed the petition filed by the
                           respondent and directed the petitioner/Union of India to grant disability

element of disability pension to the respondent.

Learned counsel for petitioners submits that disability element of disability pension has been awarded in favour of the respondent by relying the judgment of the Supreme Court in the case of Dharamvir Singh vs. Union of India and Others (2013) 7 SCC 316 and Union of India vs. Ram Avtar (Civil Appeal No.418 /2012) to hold that where there is no note of any disease or disability available in the records at the time of entry in the military service then benefit of presumption would be that the disability of the applicant bore a causal connection with the service condition.

Learned counsel relies on the decision of the Supreme Court in

Narsingh Yadav vs. Union of India (2019) 9 SCC 667 wherein the Supreme Court considered the judgment in Dharmvir Singh (Supra) and laid down that there can be no mechanical application of the principle that any disorder not mentioned at the time of enrolment is presumed to be attributable to or aggravated by military service and each case has to be examined to ascertain as to whether the duties assigned to the individual could have led to the

2 WP-15382-2024 ailment.

Learned counsel further submits that through out the service, respondent was posted in peace stations and was not posted to areas, where he could be exposed to high degree of stress and strain. She submits that without considering the peculiar nature of the case of the petitioners, the Tribunal erred in applying the ratio of Dharamvir Singh (Supra).

Issue notice, returnable after four weeks.

In the meantime, operation of order dated 04.05.2023 shall remain stayed till the next date of order.

                                 (SANJEEV SACHDEVA)                             (VINAY SARAF)
                                 ACTING CHIEF JUSTICE                               JUDGE


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