disability pension Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Armed Forces Tribunal| A Cadet is akin to a probationer; can be discharged by employer if not meeting the medical standards required for military service

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case Briefs Supreme Court

In a tiff between “mighty Union of India” & “an ordinary soldier”, the soldier wins as SC holds that members of Ecological Task Force also entitled to Disability Pension

Supreme Court: In a case where a soldier, after serving in the Regular Army for 25 years, was re-enrolled in the Infantry

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Is hypertension a disability attributable to or aggravated by Military Service? Will Invalidation make one entitled to disability pension? Tribunal decides

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) granted disability

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT denies grant of any relief to the person invalidated from service due to Alcohol Dependence Syndrome

“All efforts are made by military doctors and the organization to help a soldier who has become a victim of ‘Alcohol Dependence Syndrome’ and only when all efforts fail the soldier is invalided out on ground of ‘Alcohol Dependence Syndrome”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Tribunal grants war injury pension to WW-2 soldier who suffered splinter wound injury in Italy

Armed Forces Tribunal (Lucknow Bench): The Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member (A),

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “We don’t agree that there is no stress and strain of service in military stations located in peace areas” Tribunal grants disability pension for hypertension

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, heard

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT| Mental disorders can escape detection, benefit of doubt cannot be given to the applicant merely on ground that disease could not be detected at the time of enrolment; Tribunal denied disability pension

Armed Forces Tribunal: Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, allowed the application

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Individual retiring by superannuation, found suffering from disability attributable to/aggravated by military service, is entitled to benefit of rounding off of disability pension. Tribunal states

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) allowed an

Case Briefs High Courts

AFT | Arrears of disability pension are restricted to three years prior to filing the application; delay is condoned

Armed Forces Tribunal (AFT): Justice S.V.S. Rathore (Member) and Air Marshal BBP Sinha (Member) dismissed an application by the applicant under Section

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Disability accrued by a person during military service is entitled to disability element of pension

Armed Force Tribunal: A Division Bench of Justice Sunita Gupta (Member) and Lt. Gen. Philip Campose (Member) allowed an application under Section

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Claim for pension is based on continuing wrong, and relief can be granted if such continuing wrong creates a continuing source of injury

Armed Forces Tribunal: A Coram of Justice SVS Rathore (Judicial Member) and Air Marshal BBP Sinha (Administrative Member) allowed an ex-hawaldar’s application

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Applicant not entitled to disability element of pension if, he denied to undergo curative surgery without any justification

Armed Forces Tribunal (AFT): The Coram of Justice Sunita Gupta (Judicial member) and Lt. Gen. Philip Campose (Administrative Member) pronounced an order

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Disability Pension: No evidence showing existence of disease at the time of entry in service – benefit of doubt in favour of employee

Armed Forces Tribunal: The Coram of Justice SVS Rathore (Judicial Member) and Air Marshal BBP Sinha (Administrative Member) set aside the order

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Bench frowns at practice of Alcohol Dependence Syndrome cases being invalided for pension

Armed Forces Tribunal: The Coram of Justice SVS Rathore (Judicial Member) and Air Marshal BBP Sinha (Administrative Member) allowed an application filed

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Decision of Army’s Medical Board cannot be overruled by a higher chain of command without physical medical examination of the patient

Armed Forces Tribunal: The Bench of S.V.S. Rathore, J. and Air Marshal BBP Sinha (Member) allowed the application filed by a member

Case Briefs High Courts

Denial of pension by an authority outside territorial limits of court gives rise to cause of action if the pensioner resides within territorial jurisdiction of the court

Kerala High Court: A Division bench comprising of P.R. Ramachandra Menon and Devan Ramachandran, J. while hearing an appeal against the order

Case Briefs High Courts

Law does not compel a man to do what he cannot; Magistrate directed to prepare Aadhar cards for persons with disabilities and release pension: Uttaranchal HC

Uttaranchal High Court: A Division Judge Bench comprising of Rajiv Sharma, ACJ and Manoj Kumar Tiwari, J. disposed of a PIL for

Case Briefs Tribunals/Commissions/Regulatory Bodies

Claim for ‘disability pension’ denied on grounds of minimal exposure to military training

Armed Forces Tribunal, Lucknow Bench: The Bench comprising of S.V.S Rathore J. and Air Marshal BBP Sinha, Member dismissed an original application

Case Briefs Tribunals/Commissions/Regulatory Bodies

Armed Forces Tribunal rules in favour of applicant aggrieved by refusal to grant disability pension

Armed Forces Tribunal, Regional Bench, Lucknow: Hon’ble Justice DP Singh and Hon’ble Air Marshal BBP Sinha, pronounced an order in respect to