Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Armed Forces: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Armed Forces: Pension Regulation for the Army, 1961 - Regn. 173 - Army Rules, 1954 - r. 13(3)(iii) - Disability pension - Grant of - On facts, appellant enrolled in Indian Army in 2005 and two years later, diagnosed to be suffering from acute schizophrenia like psychotic disorder - Opinion of the Medical Board that disability attending the appellant assessed at 60% for life but neither alfributable to nor aggravated by Military Service - Subsequently, appellant discharged from service - Claim for grant of disability pension by appellant - Rejected by the tribunal holding that the disability being constitutional in nature, not connected with Military Service - On appeal, held: Appellant was not suffering from any disease/disability al the time of entering into Military Service - Department was to show that the appellant was suffering from schizophrenia at the time of entering into service by producing any document viz. medical prescription etc - In the absence thereof. it would be presumed that the appellant was in a sound mental condition at the time of emerging into the Military Service and that the disability of the appellant bore a causal connection with the service conditions - Tribunal did not examine the case in the light of the Rules and Regulations - Thus, the order of the tribunal not sustainable - Since appellant expired in 2015, Department to pay disability pension to his wife and other legal heirs - Entitlement Rules for Casualty Pensionary Awards, 1982 - General Rules of Guide to Medical Officers (Military Pension) 2002. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2017 INSC 170 |
Petitioner | Ex. Gnr. Laxmanram Poonia (dead) Through Lrs |
Respondent | Union Of India And Ors. |
SCR | [2017] 2 S.C.R. 220 |
Judgement Date | 2017-02-22 |
Case Number | 2633 |
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