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Military Officer is Entitled for Disability Pension in Case invaided out due to disease

Raj Kumar Makkad ,
  09 August 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Disability Pension - Claim under Regulation 50 of the Pension Regulations - Whether in case of falling health affecting performance of military service an officer is entitled for disability pension?
Citation :
Union of India & other v. Ajay Wahi (Decided on 06.07.2010) MANU/SC/0429/2010

Held, when officer is invalided out of service on account of disability attributable to military service or aggravated thereby he is entitled for disability pension and should not be entitled for disability pension in case of voluntary retirement. unless it is found and held that the officer deserved to be invalided out of service on account of disability attributable to military service but the same was not granted to him for unjustified reasons and forced to seek voluntary retirement.

 
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Published in Labour & Service Law
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