Back
ARUN DEV CHOUDHURY
Keshav Raj Sharma, S/o Late Bhagat Ram Sharma – Appellant
Versus
Union Of India, Rep. By The Secretary To The Govt Of India Min Of Home Affairs North Block New Delhi – Respondent
JUDGMENT :
1. Heard Ms. S Bora, learned counsel for the petitioner. Also heard Mr. A.K. Dutta, learned counsel for the respondent Nos.1 to 3.
2. The present writ petition is filed assailing that though the petitioner is entitled for pension in terms of Rule 38 and Rule 49 of CCS (Pension Rules), 1972, however, the same has not been granted to him inasmuch as he was discharged from service on 30.09.1991 for the reason of suffering from Non Organic Psycosis.
3. The brief facts leading to filing of the present writ petition are as under:
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....
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 ....
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.
Court emphasized that disability not attributable to service must be substantiated by evidence, and any ambiguity favors the claimant in pension entitlement.
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 court established that ex-servicemen with disabilities over 20% are entitled to disability pensions, emphasizing the presumption of service connection and the burden of proof on medical authoriti....
An administrative authority cannot retrospectively disregard established findings of a departmental inquiry and medical board regarding the attributability of an injury to government service. Once su....
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
