Kerala High Court holding that the
respondent was entitled to disability pension.
Factual background is essentially as follows:
Respondent joined the Indian Army ... proof
that the disability had existed before or developed during
military service and/or had aggravated thereby and military
disability pension was accordingly denied
above stated ground, the
appellant put forth a claim for special disability pension
payable under the relevant rules which though recommended by
higher authorities ... which a person on duty, if he suffers
disability, is entitled to the grant of disability pension.
The last part of this sub-rule provides
called the Employees’ Pension Scheme for the purpose of providing for— (a) superannuation pension, retiring pension or permanent total disablement pension to the employees
absence
of disabilities or disease noted or recorded at the time of entrance.
(ii) Whether the appellant is entitled for disability pension.
4. The factual ... opined
that the "disability is not related to military service". On the basis of
disability report, no disability pension was granted
Original Writ Petition before the High Court praying for
grant of disability pension. By an order dated 20.12.2000 the
learned Single Judge has allowed ... disablement and military service is certified by an
appropriate medical authority. Paragraph 11 deals with cases
where an individual in receipt of disability pension dies
said disability
was neither attributable to nor aggravated by military service. In
view thereof, the claim of the respondent for disability pension was
rejected ... disability due to the military service and the
conditions of service resulting in the disablement of the individual.
A person claiming disability pension must
pension admissible, a disability element as if
he/she had been retired on account of disability,
according to accepted degree of disablement at the
time ... disablement
w.e.f. 31.8.94 till further order."
It would, thus appear that the disability element of
pension has been sanctioned till further order
called the Employees' Pension Scheme for the purpose of providing for: (a) superannuation pension, retiring pension or permanent total disablement pension to the employees
that a disability pension would consist of service element and disability element. Such disability pension would be granted to a person who is invalided ... disability of the petitioner at 20% and the disability was attributable to army service due to noise trauma. However, the grant of disability pension
very narrow compass i.e. whether the respondent
is eligible to disability pension.
Background facts giving rise to the present dispute is
as follows ... service. Accordingly, it was held that the
respondent was entitled to disability pension.
In support of the appeal learned Additional Solicitor
General submitted that both
