Disposing of a batch of about 271 appeals by the Union against the grant of disability pension to ex-servicemen, the Supreme Court held that the 2008 Entitlement Rules, though they removed the automatic presumption of attributability, did not dismantle the claimant-protective structure, and that the primary burden of proof stays on the establishment for claims made within fifteen years. Most of the appeals were also barred by delay.
During a Supreme Court hearing, Justice JB Pardiwala questioned a lawyer about presenting a weak case, only to learn that it was his first argument in the apex court. The lawyer revealed that he had served 20 years in the Indian Air Force, including a posting in Bhuj, before joining the legal profession. Surprised, the bench asked if he was a pilot, to which he clarified that he worked as a technician and legal head in the Air Force.
The Punjab and Haryana High Court has ruled in favor of a military nurse’s ex-servicemen status for civil services exam, setting a precedent for similar cases. The judgment clarified eligibility criteria, affirming the rights of military personnel to transition into civilian roles and recognizing their valuable skills. This decision holds significance for the nation’s development and military-to-civil service transition.
