Case Note & Summary
The case involved an appeal by the Secretary, Ministry of Defence against a judgment of the Punjab & Haryana High Court regarding the entitlement of a respondent to a disability pension. The respondent, who had served in the military from September 29, 1985, claimed a disability pension due to a 20% disability resulting from an electric shock sustained while on casual leave. The appellants contended that the respondent had not completed the required ten years of service and thus was not eligible for the pension. The trial court ruled in favor of the respondent, a decision upheld by both the District Judge and the High Court. The appellants relied on precedents from the Supreme Court, arguing that the disability was not attributable to military service and that the respondent's service duration was insufficient for pension eligibility. The court, referencing the cases of Keshar Singh and Surinder Singh Rathore, found the High Court's judgment unsustainable due to the respondent's failure to meet the service duration requirement. However, it ordered that any payments already made to the respondent should not be recovered. The appeal was allowed to the extent that the High Court's decision was set aside.
Headnote
A) Service Law - Disability Pension - Entitlement Criteria - Army Act, 1950, Section Not mentioned - The court examined the eligibility for disability pension in light of service duration and attribution of disability to military service. It held that since the respondent did not complete the requisite service period, he was not entitled to the pension, thus setting aside the High Court's judgment (Paras 5-6).
Issue of Consideration
Whether the respondent was entitled to disability pension despite not completing the requisite service duration.
Final Decision
The Supreme Court set aside the High Court's judgment, ruling that the respondent was not entitled to disability pension due to insufficient service duration. However, it ordered that any payments already made to the respondent should not be recovered.
Law Points
- Disability pension entitlement
- Military service
- Service duration requirements
