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1. This writ petition assails the order dated 3 July 2023 passed by
the Armed Forces Tribunal1 whereby OA 440/2022, filed by the
respondent, has been allowed. The AFT has held the respondent to be
entitled to disability pension.
2. Aggrieved thereby, the UOI has approached this Court by
means of the present writ petition.
3. We find that the case is fully covered by the judgment rendered
1 “the AFT”, hereinafter
by us in UOI v Ex Sub Gawas Anil Madso2.
4. We have, in the said petition, after considering the law that is
developed in this regard over the years, held that the primordial
consideration which has to be borne in mind in such cases is whether,
at the time of entry into military service, the concerned officer was
suffering from the ailment which was detected later. If the onset of the
ailment was during military service, then, unless there are clear and
categorical reasons adduced by the Release Medical Board3,
explaining as to why the ailment is not to be treated as attributable to
military service, the presumption would lie in favour of the officer.
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