In Brief
An ex-lieutenant colonel commissioned in the Army sought disability pension after taking premature retirement in 2003, with a Release Medical Board assessment of 30% disability aggravated by military service. The Armed Forces Tribunal rejected his claim citing old regulations denying disability pension to those retiring before 01.01.2006. The Supreme Court, relying on a Government Order dated 19.05.2017 extending benefits to Pre-2006 retired personnel meeting prescribed conditions, allowed his appeal. The Court held the appellant satisfied all three conditions: disability attributable/aggravated by service, no lump sum compensation taken, and disability assessed at 30% (above the 20% threshold). The respondents were directed to process his disability pension claim while retaining the right to reassess disability through fresh medical examination.
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