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.
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