Prakash vs Union of India on 23 October 2026

ORDER

The applicant was discharged on 30.09.2021 on fulfilment of terms of enrolment. He was in a Permanent Low Medical Category on account of disabilities of (a) ‘CVA Left MCA Infarct’, the extent of which was assessed to be 70% for life but neither attributable to nor aggravated by military service and (b) ‘DVT Right Lower Limb’, the extent of which was assessed to be 20% for life but neither attributable to nor aggravated by military service. Both the disabilities were assessed to be neither attributable to nor aggravated by military service because onset thereof was in a peace area. Accordingly, claim for grant of disability element was rejected. Learned counsel for the applicant has submitted that by virtue of Rule 7 of the Entitlement Rules for Casualty Pensionary Awards to Armed Forces Personnel, 2008 (hereinafter referred to as ER-2008), the onus of establishing that the claimant is not entitled to any benefit is upon the respondents. Simply saying that the onset of the disability was in a peace area is not sufficient to discharge the onus. For this purpose, reliance has been placed upon judgment dated 01.07.2025 passed by a Division Bench of

OA 946 of 2026

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the Delhi High Court in WP (C) No.140 of 2024 & other connected matters, Union of India and others Vs. Col. Balbir Singh (Retd). Notice.

Mr. JS Lalli, DSGI, accepts notice on behalf of the respondents and waives service and seeks time to file reply. Adjourned to 09.04.2027.

(Lt Gen (Dr) Ranbir Singh)

(Justice Sudhir Mittal) Member (A)

Member (J)

23rd Oct, 2026 AKB