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1983 Supreme(SC) 322

A.V.VARADARAJAN, D.A.DESAI, O.CHHINNAPPA REDDY
Ram Pal Singh – Appellant
Versus
Union Of India – Respondent


Advocates:
A.Subhashini, C.V.SUBBA RAO, N.C.TALUKDAR, RANI CHHABRA, YOGESHAR PRASAD

ORDER :— This matter which came up as CMP No. 20963/1983, was moved by the appellant seeking some interim directions. Appeal was also placed on board for hearing and with consent of parties we proceed to dispose it of.

2. The appellant was employed in the Army and it is now not in dispute that he was injured in 1965 Indo-Pakistan conflict. He suffered a disability which is now assessed at 20%.

3. The Regulation 173 of Pension Regulations governing the Armed Forces Personnel provides that unless otherwise specifically provided, a disability pension may be granted to an individual who is invalided from service on account of disability which is attributable to or aggravated by military service and is assessed at 20 per cent or over.

4. Under the order of this Court the appellant was examined by Chairman of what we were informed was a Release Medical Board (Brig. A. S. Chahal, VSM, Consultant (Ortho) Surgery, Base Hospital, Delhi Cantt.) and copy of the report submitted to the Court reveals the following facts :

"(a) From the medical records the disability of this ex-serviceman is multiple shellwounds, both limbs sustained in Sept., 1965 in Indo-Pak Conflict.

** ** **

(c) Disability was 20%








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