Lal Singh vs Union of India on 23 October 2026

ORDER

The applicant was discharged before completion of tenure on 31.07.2004. He was in a Permanent Low Medical Category on account of disability of ‘Generalized Seizure’, the extent of which was assessed to be 40% for life but neither attributable to nor aggravated by military service. Claim for grant of disability element was rejected because of the disability being neither attributable to nor aggravated by military service. Learned counsel for the applicant has relied upon a judgment of the Hon’ble Supreme Court in Dharamvir Singh Vs. Union of India and Others, 2013 (7) SCC 316, to submit that the disability could not have been assessed as neither attributable to nor aggravated by military service because it arose during service and under the relevant rules, there is a presumption in favour of the claimant. The presumption has not been rebutted. 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