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1 - 10 of 32 (0.67 seconds)Section 173 in The Air Force Act, 1950 [Entire Act]
Union Of India vs Ram Avtar on 10 December, 2014
Relying on Ram Avtar (supra),
the AFT rounded off the disability to 50% as against 20%. Order dated
23.02.2023 passed by the AFT is under challenge in this petition filed
under Article 226 of the Constitution of India.
Section 81 in The Air Force Act, 1950 [Entire Act]
Sukhvinder Singh vs Union Of India & Ors on 25 June, 2014
From a reading of the relevant extract of the judgment
reproduced above, it is abundantly clear that in Sukhvinder Singh
(supra) Hon'ble the Supreme Court was persuaded to hold that when
an army personnel is discharged or invalided out of service due to
disability, it has to be perforce presumed that his disability was not less
than 20% notwithstanding contrary medical opinion on record. The
WP(C) No.3173/2023 along with connected matters
198
logic behind such observation seems to be that a person, who suffers
disability less than 20% is not rendered completely disabled to perform
duties in army and could be given some alternative appointment.
However, once the army authorities decide to invalid him out on
account of disability, it must be presumed that the individual has been
rendered unfit for army service and, therefore, must be compensated
by paying him the disability pension and this is possible only if the
disability of such person is taken to be 20% or more to meet the
requirement of Pension Regulations.