A former Defence Security Corps soldier challenged the tribunal’s rejection of disability pension for cardiomyopathy and associated cardiac conditions incurred after re-enrolment in a fit medical state.
Judge / Bench — Hon’ble Mr. Justice Sanjeev Kumar, Judge; Hon’ble Mr. Justice M A Chowdhary, Judge. Order by Sanjeev Kumar, J.
Applying its earlier decision in Nirman Singh Jamwal, a Division Bench of the Jammu & Kashmir and Ladakh High Court rejected reliance on a bare medical-board conclusion that the condition was neither attributable to nor aggravated by service. The governing medical guidance required consideration of military stress, strain and restrictions associated with compulsory group living, rather than an unexplained one-line opinion. It set aside the tribunal order and recognised disability pension at sixty-two per cent, rounded to seventy-five per cent, from 1 January 2023, the day following discharge. The decision is useful when testing whether a medical opinion supplies reasons addressing service aggravation.
Case — Ex Sep Bodh Raj v. Union of India and Others · WP(C) No. 1927/2025 · 2026-10-14 · Jammu wing
Advocates appearing — Petitioner — Mr. B. S. Sarmal, Advocate; Mr. Amit Singh, Advocate. Respondents — Mr. Vishal Sharma, DSGI (Sr. Adv.), with Mr. Karan Sharma, CGSC.