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Supreme Court of India 2019-12-11 allowed

Union of India & Ors vs Wing Commander S.P. Rathore

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A retired Air Force officer sought disability pension despite being assessed with less than 20% disability. The Supreme Court held that under the Pension Regulations for the Air Force, disability pension is payable only when disability is 20% or above and is attributable to or aggravated by service. The 20% threshold is mandatory and cannot be circumvented by rounding off. Since the officer's disability fell below this threshold, he was not entitled to disability pension. The Court set aside the Armed Forces Tribunal's order and allowed the Union's appeal.

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