Supreme Court rules army must prove disability not due to service
The case involves the Union of India appealing against disability pension decisions for retired military personnel, specifically addressing whether the burden of proof lies with the army to show a disability was not caused by service.
Appellant: Union of India & ORS. Respondent: COL. NC ISAAC (RETD.). Bench: Not specified in the provided text.
- The Supreme Court dismissed the Union's appeals against disability pension decisions.
- The Court held that the army bears the burden of proving that a disability was not due to service.
- The Court directed that the disability pension be granted to the retired military personnel.
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Document details
| Official title | 'Army's Burden To Prove Disability Was Not Due To Service' : Supreme Court Dismisses Union's Appeals Against Disability Pension |
| Source body | Supreme Court of India — orders & judgments |
| Reference number | Writ Petition by following the principle of presumption or the decision in Dharamvir without |
| Status | closed (order) |
| Year | 2026 |
| Closing date | — |
| Documents | 1 |