Supreme Court: Eligibility for disability pension only if disabled during military service, important order of Supreme Court


Posted on 19th Jul 2022 02:27 pm by rohit kumar

The Supreme Court has given an important order regarding the disability pension to military personnel. The apex court said that only if an employee becomes disabled during military service or his disability increases and he is more than 20 percent disabled, then he will be considered entitled to a military disability pension.

 

Justice Abhay S. Oka and Justice MM Sundaresh made this important ruling during the hearing of the appeal filed by the Central Government. The Armed Forces Tribunal had given judgment in a case of disability pension. The Center has challenged it in the apex court. Hearing the matter, the Supreme Court agreed with the submission of Additional Solicitor General KM Natraj that there should be a proper link between injuries sustained by a member of the armed forces and military service.

 

Military personnel's claim rejected because

 

The apex court, while dismissing the claim of army personnel who was injured two days after being discharged from the base, said that the disability is only due to military service or increases while in service and it exceeds 20 percent. entitlement to pension.

 

The tribunal ignored the core issue

 

In this case, the army personnel had met with an accident while walking on a public road after going on leave. Therefore, there is no relation between military service and injury. The tribunal passed the judgment ignoring this aspect, while it was the original issue. Hence the respondent is not entitled to a disability pension.

 

The military tribunal had recognized that he was entitled to a disability pension.

 

The Medical Board had declared the disability of the respondent to be 80 percent. On this ground, he was relieved from service with effect from 28 September 2000. Later, the military personnel made an application to the Armed Forces Tribunal, seeking the grant of a disability pension. To this, the tribunal said that if any injury is caused to army personnel during the period of any authorized leave, his disability shall be deemed to be attributable to military service.

 

this was the case

 

The army personnel related to this case had joined the army on 4 June 1965. After serving 10 years and 88 days, he was transferred to the Reserved Institute on 30 August 1975. During the period of reserve service, the serviceman voluntarily enrolled himself in the Defense Security Corps on 7 January 1976 and went on annual leave on 6 November 1999. During the same holiday, while crossing the road, he met with an accident and collided with a scooter.

 

Also Read: Agneepath Scheme: Caste and religion certificate was also sought earlier, army clarified questions raised on military recruitment

1 Like 0 Dislike
Previous news Next news
Other news

Border 2 Teaser: ‘If you have the courage, come... Hindustan stands tall,’ the teaser for ‘Border 2’ released with Sunny Deol's powerful voice.

The story of the Indian Army's bravery will once again be shown in theaters. The wait is over for

Even at the age of 58, Salman Khan's body has not diminished, he is working hard in the gym for Sikandar.

Whenever the fittest actor in the film industry is mentioned, Salman Khan's name is taken. Even a

IND vs AUS Playing 11: Suryakumar Yadav's form will be monitored. Will Samson or Jitesh get a chance? Will Bumrah return?

After losing the three-match ODI series against Australia, the Indian team will now play a five-m

Hit and Run Law: Assam drivers call for 48-hour strike to protest new provisions

A joint platform of Assam transporter unions has called for a 48-hour strike from Friday to prote

The President of Ukraine got the photoshoot done with his wife: Amidst the war with Russia, such a picture got gritty, the scriptwriter is First Lady Olena Zelenska

Pictures of Ukrainian President Volodymyr Zelensky and his wife are doing the rounds on social me

Pippa: Ishaan Khattar expressed his gratitude for the love 'Pippa' is getting, said a heart-touching thing on social media

Actor Ishaan Khattar is constantly in the headlines these days. Recently his film Pippa has been

Now students will get free online coaching with 'Saathi', the government is preparing to crack down on private institutes.

Not only are private coaching centers charging huge amounts from students, but many other questio

Weather Forecast: The cold started increasing due to snowfall in the mountains, there will be dense fog for the next two days; a yellow alert issued

With the onset of snowfall in the mountains of North India, the cold has started increasing once

Covid-19: Government's big decision, RT-PCR test is necessary for passengers coming from these countries including China from January 1

Because of the possibility of a new wave of the Covid epidemic, the Central Government has taken

Pakistan: I have no hope about general elections in Pakistan: Imran Khan

Reacting to rumors of setting up a technocratic government, Pakistan Tehreek-e-Insaf (PTI) chief

Sign up to write
Sign up now if you have flare of writing..
Login   |   Register
Follow Us
Indyaspeak @ Facebook Indyaspeak @ Twitter Indyaspeak @ Pinterest RSS



Play Free Quiz and Win Cash