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Supreme Court of India 2018-02-16 allowed

Ex. Lt. Col. R.K. Rai vs Union of India & Ors

Bench: 2 — Ashok Bhushan

In Brief

An officer of the Indian Army who voluntarily retired in 2003 challenged orders denying him disability pension. The Armed Forces Tribunal had rejected his claim on the ground that benefits were only available to those retiring after 01.01.2006. The Supreme Court allowed his appeal, finding he satisfied three statutory conditions under a Government Order dated 19.05.2017 extending disability pension to pre-2006 retirees: his disability was service-aggravated, permanent at 30%, he had not received lump sum compensation, and he was entitled to retrospective relief. The court directed the respondents to process his disability pension claim accordingly.

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Constitutional Law Armed Forces Disability Pension Military Service Administrative Law

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