provision
for allowing the disability pension, when admittedly the
officer has become disabled and cannot remain in service,
whether he has been voluntary retired ... employer despite
disability attributable to Military Service does not invalided an
officer out of service, he continues in service with all the
benefits and nobody
existed before service, it cannot be
attributable to service, but may be aggravated by it. If it
occurred during service and if service ... attributable to service, although it may be aggravated
by service. For the injury to be attributable to service,
the service must be a cause
with disability attributable to Military
service
(c) Died while in service with death attributable 3
to Military Service
(d) Disabled in service and boarded ... various categories.
The wards of service personnel killed/disabled in Action,
died/disabled in service and of serving retired personnel are divided
into eight categories
Board considered the disability of
the respondent and came to the conclusion that his disability is not
attributable to military service, but was aggravated ... account of a disability. In other words, no disability or
disease led to the petitioner's discharge from service and therefore,
rule
individual, in cases occurring in field service/active
service areas.
(b) The cause of a disability or death resulting
from wound or injury, will ... injury
though sustained while in service, it was not on
account of military service. In each case, when a
disability pension is sought
detected at the
time of his entry in service/acceptance for military
service, has arisen in service. Such presumption is to be
displayed only ... next to be
seen, whether the disability detected, qualifies the
petitioner for the disability pension. The disability
detected by the Medical Board has been assessed
person does not acquire or suffer disability by choice. An employee, who acquires disability during his service, is sought to be protected under Section ... with "Persons with disability". Section 47 alone deals with "an employee who acquires a disability during his service". The said provision
drawn, for 100% disability.
(2) For lower percentage of disability, the disability
element shall be proportionately lower as at present
V. Disability Pension - For cases ... entitled for disability pension under
CCS (EOP) Rules. Since Disability pension
consisting Disability Element (which has already
taken) plus Service Elements. He is only entitled
terms 'disability' and 'person with disability' and held that Section 47 contemplates a disability acquired during service. Shivaraj Patil, J., speaking ... Disability" and "Persons with Disability" and ultimately held that Section 47 of the Act contemplates a disability acquired during service. In view
wards of ex-
servicemen, who are receiving disability pension for disability aggravated by military
service, cannot be sustained. It should be kept in mind ... disabled in peace time with disability attributable to duty. By
no stretch of imagination, it can be said that "disability attributable to military service
