Back
V. KAMESWAR RAO, SAURABH BANERJEE
Ex. Spr Gurwant Singh (Retired) S. No. 15346749n – Appellant
Versus
Union of India – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 12213/2024
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 2976/2024
1. This petition has been filed by the petitioner with the following prayers:
"That this petition is filed bonafide and in the interest of justice. It is, therefore, most respectfully prayed that your Lordships may graciously be pleased to consider the above and admit this application, call for the records of the case, issue a rule calling upon the respondents to show cause as to why a Writ as prayed for in this petition should not be issued and upon such cause or causes shown by the respondents and on perusal of the records and after hearing the parties be pleased to:
i. By writ of mandamus or any other appropriate writ, order or direction, quash and set aside impugned order of denying the disability element of disability pension arising out of disability, by the respondent
ii. By writ of mandamus or any other appropriate writ, order or direction direct to respondent authority to pay disability element arising out of disability on account of the incurred disability during the service period.
iii. Direct the respondent to pay accrued arre
Premature filing of appeal under the Armed Forces Tribunal Act.
A petition for disability pension based on military service must be filed before the appropriate forum as it is not maintainable under the Armed Forces Tribunal Act.
A review petition can be granted if an error apparent on the record is found, especially where critical arguments were omitted.
The High Court clarifies the procedural rights of an appellant regarding disability pension claims, ensuring unprejudiced consideration by appellate authorities.
Disability pension eligibility requires the disability to be attributable to or aggravated by military service, and claims must adhere to statutory limitation periods.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
