Case Note & Summary
The Union of India filed this writ petition under Article 226 of the Constitution of India to quash the order of the Armed Forces Tribunal (AFT), Chennai dated 19.04.2022 in O.A.No.138 of 2020. The AFT had allowed the disability pension claim of the second respondent ex-serviceman, who was medically boarded out from Defence Security Corps on 30.04.2014 after 13 years 5 months and 4 days of service. The ex-serviceman had earlier served in the Indian Army from 27.06.1978 to 01.03.1996 and later re-enrolled in DSC in 2000. His appeal against rejection of disability pension on the ground that the disabilities were neither attributable to nor aggravated by military service was allowed by the AFT relying on Dharamvir Singh v. Union of India (2013) 7 SCC 316. The facts regarding the nature of disabilities and exact reasons for the AFT's decision are not detailed in the available text. The High Court's analysis and ultimate decision are also not included in the provided excerpt.
Issue of Consideration
Whether the Armed Forces Tribunal's order allowing disability pension based on Dharamvir Singh is sustainable under Article 226 of the Constitution.
Law Points
- Attributability of disability to military service
- Scope of Article 226 against Armed Forces Tribunal orders
- Reliance on Dharamvir Singh (2013) 7 SCC 316
