VIKASH JAIN
Ram Naresh Singh S/o Nirshan Singh – Appellant
Versus
Union of India through the Secretary, Ministry of Home Affairs, New Delhi – Respondent
JUDGMENT :
Heard learned counsel for the petitioner and learned counsel for the Union of India through video conference.
2. The present writ petition has been filed for the following reliefs as formulated by the petitioner-
(B) For the issuance of writ in the nature of mandamus or any other appropriate writ/writs order/orders direction/directions commanding the respondents to give and grant the pension and pensionary benefits to the petitioner along with all consequential benefits of service i.e. compassionate appointment of his son on the ground of his medical disability as
The main legal point established in the judgment is the application of the continuing wrongs and recurring wrongs principle to service law disputes, along with the entitlement to disability pension u....
Invalid pension can be granted for mental or physical infirmity before ten years of service under specific government rules, emphasizing the necessity of proper assessment and procedural fairness.
The central legal point established in the judgment is the entitlement to disability pension for a medical condition arising during service and aggravated by it, as well as the burden of proof on the....
Court emphasized that disability not attributable to service must be substantiated by evidence, and any ambiguity favors the claimant in pension entitlement.
The court emphasized the liberal construction of pension provisions in favor of officers boarded out on medical grounds and the retrospective application of amended pension rules.
The absence of attribution of disability to service by the Medical Board leads to a presumption of service-related disability, warranting the grant of Disability Pension.
The central legal point established in the judgment is the assessment of disability pension under the applicable rules, emphasizing the principles of continuing cause of action and considering the ag....
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