Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Pension Regulations

Tuesday, July 13, 2010
Pension Regulations

Pension Regulations — Regulation 50 — Disability pension — An officer retiring voluntarily shall not be eligible for disability pension.

 
Pension Regulations

Pension Regulations — Regulation 50 — Disability pension — Held, Regulation 50 of the Pension Regulations providing that an officer who retires voluntarily shall not be eligible for disability pension is not discriminatory and violative of Article 14 of the Constitution of India — Constitution of India, 1950, Article 14.

 
Pension Regulations

Pension Regulations — Regulation 48 and Regulation 50 — Disability pension — From a plain reading of Regulation 48 of the Regulations it is evident that unless otherwise specifically provided a disability pension shall be granted to an officer who is invalided out of service on account of disability attributable to or aggravated by military service, whereas Regulation 50 in no uncertain terms provides that an officer who retires voluntarily shall not be eligible for any award on account of any disability.

 
Pension Regulations

Pension Regulations — Regulation 48 — What is the remedy where an officer is denied invalidation from service despite disability attributable to military service? — Held, in case an officer is denied invalidation from service despite disability attributable to military service, the same shall be subject to judicial review — There may be a case in which an officer had suffered disability attributable to or aggravated by military service and he has not been invalided out of service only to deny him the disability pension, his remedy is to challenge the order by which prayer for invalidating out of service is denied — In case it is found that an officer is entitled for invalidation out of service has wrongly been denied the same, he shall be entitled for disability pension.

 
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