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1997 Supreme(Del) 918

USHA MEHRA
B. R. MALHOTRA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
REKHA PALLI

Usha Mehra, J.

( 1 ) PETITIONER joined the Indian Military Academy in 1961. He got permanent commission in the Regiment of Artillery in June,1963. In April,1966 petitioner sustained Gun Shot Wound in both his knees. This happened while petitioner was operationally deployed in hi altitude area of NEFA. The Medical Board assessed his disability at 40% and opined that it was attributable to Military Service. However, the petitioner remained in military hospital for treatment and thereafter served in various staff appointments in the Indian Army as permanent Low Medical Category Officer. On 12th May,1982 petitioner was sent on deputation to Bharat Electronics Ltd. (in short the BEL) as Manager (Personnel and Administration ). The deputation was in public interest and not on his request. While working in the BEL a question arose whether the petitioner would be entitled to disability pension in the event of his permanently getting absorbed in BEL. In response to this query by the BEL, the Army Headquarters intimated and confirmed that the officer would be entitled to disability pension even if he gets permanently absorbed in BEL. After receipt of this letter on 17th December,1983, the pe















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