Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Armed Forces – Pension Regulations for the Army 1961 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Armed Forces – Pension Regulations for the Army, 1961 – Regulations 48, 50 – Disability pension – Entitlement to – Appellant, commissioned in the Artillery Regiment, fell ill while performing the duty of Observation Post Officer – Medical Board opined that medical disability was due to stress and strain of services – Appellant applied for premature retirement and retired on 29.07.2003 – Medical Board assessed appellant’s disability at 30% – O.A filed by appellant before Armed Forces Tribunal for grant of medical disability pension, rejected on ground that it cannot be granted to the appellant as he had taken voluntary retirement much before the cut off date for grant of disability pension, i.e. 01.01.2006 – Review petition also dismissed – On appeal, held: Government of India issued order dated 19.05.2017 extending the benefit of disability pension to Armed Forces Personnel, who retired/discharged from service even before 01.01.2006 – Appellant fulfills all the three conditions for grant of disability pension and is fully covered by Government order dtd. 19.05.2017 – Judgments of the Tribunal are set aside – Respondents are directed to process the claim of appellant as per Government order dtd. 19.05.2017 – However, it shall always be open for respondents to assess the percentage of disability of appellant by convening a Medical Board to find out whether the disability percentage is 20% or less and discontinue the claim from any future date if disability has gone below 20% – Service Law – Military Service. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 163 |
Petitioner | Ex. Lt. Col. R. K. Rai |
Respondent | Union Of India & Ors. |
SCR | [2018] 2 S.C.R. 667 |
Judgement Date | 2018-02-16 |
Case Number | 3101-3102 |
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