In Brief
A retired Regular Army soldier was re-enrolled in the Territorial Army's Ecological Task Force. He suffered a service-connected disability (80% amputation of leg while returning from leave) and sought disability pension. The Army denied it, citing a 2008 Ministry of Defence letter stating ETF members would not receive disability pension. The Supreme Court held that Territorial Army members are entitled to the same statutory disability pension as Regular Army soldiers under Regulation 292 of the Pension Regulations for the Army, 1961. Government letters cannot override statutory regulations. The Court also rejected reliance on a certificate the soldier signed (disclaiming enhanced pension), applying the doctrine of unequal bargaining power under Article 14 of the Constitution. Disability pension was granted with arrears and interest from the date of invalidity.",
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