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2007 Supreme(HP) 18

DEEPAK GUPTA, SURINDER SINGH
SANTOSH KUMAR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. Bhuvnesh Sharma, Advocate, for the Petitioner(s); Mr. Sandeep Sharma, Assistant Solicitor General of India, for the Respondent(s) in CWP No. 742 of 2003; Mr. Ajay Sharma, Advocate, for the Petitioner(s); Mr. Anup Rattan, Central Government Standing Counsel, for the Respondents in CWP No. 121 of 2005; Mr. G.R. Palsra, Advocate, for the Petitioner(s); Mr. Janesh Mahajan, Central Government Standing Counsel, for the Respondents in CWP No. 277 of 2006; Mr. O.P. Thaknr, Advocate with Ms. Salochana, Advocate, for the Petitioner(s); Mr. Ashwani Pathak, Central Government Standing Counsel, for the Respondents in CWP No. 212 of 2006; Mr. Sanjiv Kuthiata, Advocate, for the Petitioner(s); Mr. Anup Rattan, Central Government Standing Counsel, for the Respondents in CWP 947 of 2005.

JUDGMENT

Deepak Gupta, J.—This judgment shall dispose of a bunch of writ petitions. All the petitioners are ex-servicemen or kin of ex-servicemen and claimed disability pension as per Pension Regulations for the Army. Their claims have been rejected by the respondents on the ground that the cases of the petitioners do not fall within the purview of the Pension Regulations. To appreciate the rival contentions of the parties, it would be necessary to refer to certain provisions of the Pension Regulations for the Army.

2. Regulation 173 deals with the grant of disability pension which reads as follows:— "173. Unless otherwise specifically provided, a disability pension may be granted to an individual who is invalided from service on account of a disability which is attributable to or aggravated by military service and is assessed at 20 per cent or over. The question whether a disability is attributable to or aggravated by military service shall be determined under the rules in Appendix II."

3. Regulation 213 relates to grant of special family pension in case of death which was caused by or due to some wound injury or disease attributable to or aggravated by Army service. Regulation 213 r












































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