suffered disability attributable to service during the course of
his service in the Army.
3. The object of giving disability pension is to compensate ... nexus with normal pension. A person is entitled to pension
when he completes his pensionable service. Moreover, this issue
is no longer res integra
applications to Armoured Corps Records
for grant of service pension and disability pension, which were
dismissed in the same year. Pursuant to the Petitioner filing ... Petitioner preferred the subject original application
essentially seeking grant of disability pension and to set aside his
dismissal order and discharge certificate dated
2026 at 20:31:59
for grant of disability pension;
ii) Issue a Writ of Mandamus directing the
Respondents to grant Disability Pension ... treating the
disability as attributable to and aggravated
by service.
iii) Direct the Respondents to release all
consequential arrears of disability pension
from the date
referred to as „CAT‟], whereby the Petitioner was directed
to sanction disability pension to the Respondent along with the
compensation.
2. In order to comprehend ... prove that such
disability was attributable to his Government service and thus, CAT
has erred in granting the disability pension to the Respondent.
6. Learned
petitioner has confined his
prayer before the Tribunal to grant of disability pension in
respect of the disability i.e. Renal Hypertension assessed ... before the coming into force of the Entitlement Rules for
Casualty Pension/Disability Pension, 2008. Consequently,
the presumption under the Entitlement Rules
appropriate
writ, order or direction, directing the DG BSF to release
disability pension consisting of service element and
disability in favor of the Petitioner ... claim of the petitioner is primarily for the disability pension.
3. Mr. Abhay Kumar Bhargava, learned counsel for the petitioner submits
This is a digitally
respondents.
b) To direct the respondents to grant the disability
pension along with arrears to the applicant from the
date of his discharge by treating ... direct the respondents to pay the due arrears of
disability pension with interest @18% p.a. with effect
from the date of retirement with
matter, there can be no question of disentitling
the petitioner to disability pension.
10. The claim of the petitioner appears to be awaiting a resolution ... Accordingly, we hold that the petitioner is entitled to disability
pension as well as ex-gratia compensation in terms of OM dated 7
June
case is entitled to be considered for
the grant of disability pension. The operative portion of the said judgment/
order reads as under ... shall reassess the entitlement of the petitioner for
the grant of disability pension taking his injury to be attributable to
service, and in accordance with
writ of mandamus directing the
respondents to grant to the petitioner Disability
Pension, Ex Gratia Compensation in sum of INR 20
Lakhs and arrears ... effect, the petitioner is claiming the benefit of disability pension,
ex-gratia lump sum compensation and attendance allowance.
This is a digitally signed order
