AFT Should Not Lightly Interfere With Views Of Medical Experts: Kerala High Court On 2008 Rules On Disability Pension For Ex-Army Personnel

The Kerala High Court held that the Armed Forces Tribunal should not lightly interfere with the opinion of medical board as to the nature of disability of ex-service personnel in the question of granting disability pension. The Court observed that whether the disability has connection to the personnel's service is a crucial factor for granting pension and it depends upon the opinion of the Medical Board. The Bench of Chief Justice Nitin Jamdar and Justice S. Manu laid down the following guidelines to be followed by the AFT when dealing with such opinion of the Medical Board: The AFT shall give due deference to the opinion of the Medical Board and will not lightly interfere with or substitute the views of Medical Board Experts; In certain circumstances, the Tribunal can set aside the department's decision taken on a medical opinion if it is found that the opinion was made without considering relevant factors or when the reason for the conclusions are not discernible; A party challenging the view of the Board has to show a prima facie case before the Tribunal to shift the burden to the department; If the Tribunal is of the view that the conclusion of the Medical Board cannot be sustained, the Tribunal shall direct the department to reconstitute/ constitute a review Medical Board and obtain a fresh opinion. The Court directed that the Tribunal should not apply principles of 1961 Rules and 1982 Regulation to case where 2008 Rules apply.