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EX SGT, 716603K UTTAM CHAND YADAV v. UNION OF INDIA

Supreme Court of India | Diary 10268/2019

Status

ROP - of Main Case

Decided On

29-04-2019

Bench

HON'BLE MR. JUSTICE D.Y. CHANDRACHUD and HON'BLE MR. JUSTICE HEMANT GUPTA

Petitioner

EX SGT, 716603K UTTAM CHAND YADAV

Respondent

UNION OF INDIA

Primary Holding

A disability pension claim requires proof that the physical ailment was attributable to or aggravated by military service; absent such evidence, entitlement to disability pension cannot be established.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No(s). of 2019 Diary No. 10268 of 2019 EX SGT, 716603-K Uttam Chand Yadav Appellant(s) Versus Union of India & Ors. Respondent(s) O R D E R Leave to appeal is granted. Having perused the judgment of the Armed Forces Tribunal, we see no reason to differ from the finding that the physical ailments which the appellant was suffering from were neither attributable to, nor aggravated by military service. The findings are based on the evidence and material on record. Accordingly, the Civil Appeals are dismissed. Pending application(s), if any, shall also stand disposed of. …...……………………................................J. (Dr. Dhananjaya Y. Chandrachud) ….…………………………............................J. (Hemant Gupta) New Delhi April 29, 2019

ITEM NO.8 COURT NO.9 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL Diary No(s). 10268/2019 (Arising out of impugned final judgment and order dated 15-01-2019 in OA No. 291/2018 04-02-2019 in RA No. 11/2019 passed by the Armed Forces Tribunal) EX SGT, 716603K UTTAM CHAND YADAV Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and IA No.66868/2019-LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007) Date : 29-04-2019 This appeal was called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. T. Parshad, Adv. Ms. Shilpi Satyapriya Satyam, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Leave to appeal is granted. The Civil Appeals are dismissed in terms of the signed order. Pending application(s), if any, shall stand disposed of. (MANISH SETHI) (SAROJ KUMARI GAUR) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)

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