Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Disability Pension consequential claims |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | SERVICE LAW:ARMED FORCES:Disability Pension and other consequential claims - Army-ex-Captain - Invalided for injury attributable to military service - Disability assessed at 50% in Low Medical Category. Disability Pension granted w.e.f. 26. 7. 1979 - Claims for War Injury Pension w.e.f. 1.1.1996 in terms of Ministry of Defence letter dated 31.1.2001 - Disability to be raised to 75% from 50% - Grant of service element of 10 years of service instead of 2 years - Revision of rates of disability pension w.e.f. 1. 1. 1996 - HELD: The restriction of the benefits only to officers who were invalided out of service after 1.1.1996 is violative of Article 14 of the Constitution - Letter dated 31.1.2001 is only liberalization of the existing Scheme - Claims allowed with 8% interest on arrears - Constitution of India, 1950 - Article 14. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2011 INSC 249 |
Petitioner | K.j.s. Buttar |
Respondent | Union Of India And Anr. |
SCR | [2011] 4 S.C.R. 136 |
Judgement Date | 2011-03-31 |
Case Number | 5591 |
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