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IN THE HIGH COURT OF DELHI AT NEW DELHI
V.KAMESWAR RAO, MANMEET PRITAM SINGH ARORA
Ex Cadet Jai Swarup Wal – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
V. KAMESWAR RAO, J.
CM APPL. 6337/2026 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 1299/2026 & CM APPL. 6336/2026
3. This petition has been filed with the following prayers:-
“(a) Issue writ petition under Article 226 of the Constitution of India for issuance of an appropriate Writ, Order or Direction calling for the records on the based on which the Respondents have issued various orders including order dated 13.05.2019 and also denied disability pension as well as Ex-gratia award to the Petitioner treating his disability as Neither Attributable to Nor Aggravated by Military Service as well as issuing a discriminatory policy dated 16.07.2020 vide which the invaliding pension has been denied to the cadets like the Petitioner by fixing a cut-off date arbitrarily w.e.f. 04.01.2019 and granting such benefit to only those service personnel other than cadets who have been invalidated out of service post 04.01.2019 and thereafter quash all such orders.
(b) Further issue a writ of mandamus or any other appropriate writ for directing the Respondents to accept the recommendation of Raksha Mantri’s committee of experts report of
An inordinate delay in pursuing a claim for disability pension can bar relief, particularly when critical documents from the time are no longer available.
Invalid pension eligibility extends to Armed Forces personnel invalided before the relaxation cut-off, upholding fairness under constitutional provisions.
Timeliness and contemporaneous evidence are crucial in claims for disability pension, with significant delays potentially barring the remedy.
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....
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....
The main legal point established in the judgment is the entitlement of a member of the armed forces to disability pension under the Central Civil Service (Extra Ordinary Pension) Rules, emphasizing t....
The denial of a disability pension based on a Medical Board's finding of non-attributable disability is valid, and significant delays in filing a petition bar claims due to laches.
The central legal point established in the judgment is the distinction between disability pension and invalid pension under the CCS Pension Rules, emphasizing the eligibility criteria and the impact ....
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