Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Pension - Disability pension |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Pension - Disability pension - Entitlement - A combatant soldier, recruited in Indian Army - After 1 year presented before Medical Board, who found that the incumbent was invalided out of service with disability of 6 to 10% on account of hearing impairment - Further held him n.A entitled to disability pension on the ground that the disability was neither attributable nor aggravated by Military Services and since the disability was not assessed at 20% or above - Held: Any disability not recorded at the time of recruitment must be presumed to have been caused subsequently and unless proved to the contrary, to be a consequence of military service - The benefit of doubt is rightly extended in favour of the member of the Armed Forces - Any other conclusion would tantamount to granting a premium to the Recruitment Medical Board for their own negligence - The morale of the Armed Forces requires absolute and undiluted protection and if an injury leads to loss of service without any recompense, this morale would be severely undermined - There is no provision authorising the tlischarge or invaliding out of seryice where the disability is below twenty per cent - Wherever a member of the Armed Forces is invalided out of service, it perforce has to be assumed that his disability was found to be above twenty per.cent -A disability leading to invaliding out of service would attract the grant of fifty per cent disability pension - Thus, the appellant would be entitled to the Disability Pension - Pension Regulation for the Army, 1961, Part I - Regulations for the JYfedical Services of the Armed Forces, 1983 - Chapter VII Entitlement Rules for Casualty Pensionary Awards, 1982 - Rule 5. |
Judge | N/A |
Neutral Citation | 2014 INSC 421 |
Petitioner | Sukhvinder Singh |
Respondent | Union Of India & Ors. |
SCR | [2014] 8 S.C.R. 1 |
Judgement Date | 2010-06-25 |
Case Number | 5605 |
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