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Supreme Court of India 2019-12-11 allowed

UNION OF INDIA vs WING COMMANDER ( 24734 AE )L) S.P.RATHORE

Bench: 2 — Deepak Gupta, Sanjiv Khanna

In Brief

The Supreme Court held that an Air Force officer who retires at the age of superannuation is entitled to disability pension only if the assessed disability is 20% or above. The respondent, an Air Force officer with a disability below 20%, was not entitled to disability pension. The Court clarified that the principle of rounding off disability percentages applies only to those already eligible for disability pension, not to determine initial eligibility. The Court distinguished its earlier decision in Union of India v. Ram Avtar, which addressed rounding-off applicability, not entitlement itself. The appeal was allowed and the AFT's order was set aside.

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