Armed Forces: Disability pension – Grant of – Appellant enrolled as Radio Mechanic in 1971 – Ten years later, appellant discharged from military service on account of being placed in a low medical category – Appellant sought grant of war injury pension, however, denied by the tribunal – In the year 2014, appellant granted disability pension, for the period thereafter – Appellant seeking disability pension between 1996 and 2014 – On appeal, held: Chart assessing disability indicates that the extent of disability was determined at 20% for ten years with effect from 23 March 1994 – However, PCDA (P) Allahabad re-assessed the disability at less than 20% on 8 May 1995, as such the appellant did not receive disability pension with effect from 24 March 1995 – With effect from 30 January 2014, the Military Hospital assessed the disability of the appellant at 20% on a permanent basis for life and the appellant has received disability pension thereafter – In view thereof, the denial of disability pension to the appellant for the period between 24 March 1995 and 30 January 2014 was misconceived – Appellant to be grant arrears on account of disability pension in accordance with the applicable rates prevalent at the relevant time between 24 March 1995 and 30 January 2014.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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