service
element and the disability element. The disability element is
related to disability whereas; the service element is to be granted
as per the rules ... rendered sufficient service to qualify
for service pension. The service element is granted in proportion
to the minimum service pension appropriate to an individual
been submitted
that as disability pension is given to ex-servicemen - whether the
disability is attributable to military service or aggravated thereby -
their wards should ... priority IV relating to wards of disabled ex-
servicemen boarded out with disability attributable to military
service was very well known to the petitioner
element in addition to service pension or
service gratuity from the date of retirement/discharge,
if the accepted degree of disability is assessed ... disability pension is dependent. The percentage of disability as
well as whether the disability is attributed to or aggravated by
military service
satisfy are that his
disability is 20% or over and the disability is attributable to or
aggravated by military service in non-battle casualty. Once ... granted in consequence of any on disability.
(6) Special disability leave shall be counted as duty in
calculating service for pension and shall not, except
attributable
to or aggravated by military service. The appellant was discharged from service.
Seeking the grant of disability pension, the appellant moved 1 the Armed ... Primary conditions for the grant of disability pension
173. Unless otherwise specifically provided a
disability pension consisting of service element and
disability element
disability is neither
attributed to army service nor aggravated by military service
though it assessed the disability at 20% for five years. Such
opinion ... account of medical disease/disability,
the disability must be presumed to have been arisen in the course
of service which must, in the absence
under:-
"(i) disabled ex-serviceman with disability between 20% to
50%.
(ii) Up to two dependents of service personnel killed/disabled
beyond ... that for according priority to disabled Ex-servicemen with
disability of 20% to 50% and upto two dependents of service personnel
killed/disabled beyond
impairment, locomotor disability or cerebral palsy
in the posts identified for each disability, the manner the
employment can be offered to the disabled person. Chapter ... unfit for the sea service. So this clause deals
with unfit for sea service. Here, there is nothing stipulating to
disability of a person, which
Armed forces of the former
Indian States;
[b] "Disabled Officer" means Disabled Defence Service
Officer, Emergency Commissioned Officer and the
Short Service Commissioned ... Disabled Defence Service Officer" means a
Commissioned Officer who while service in the Armed
Forces of the Union was disabled in the course
Section 72 of
the Persons with Disabilities Act, when the employee has acquired
disability through service and that he should be shifted to some
other ... that person does not
acquire or suffer disability by choice. An
employee, who acquires disability during his
service, is sought to be protected under Section