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2007 Supreme(HP) 50

SANJAY KAROL
BALDEV SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
In C.W.P. No. 212 of 2002:Mr. Bhuvnesh Sharma, Advocate with Mr. Ramakanth Sharma, Advocate, for the Petitioner; Mr. M.A. Khan, Central Government Counsellor the Respondents. In C.W.P. No. 51 of 2002:Ms. Sunita Sharma/ Advocate, for the Petitioner; Mr. M.A. Khan, Central Government Counsel, for the Respondents.

JUDGMENT

Sanjay Karol, J.- The above writ petitions have been filed seeking issuance of a writ to the respondents to grant disability pension to the petitioners with effect from due date with all consequential benefits.

2. Before I advert to the relevant facts, it will be necessary to note down the position of law with regard to admissibility of disability pension to various personnel in the Army. Pension Regulations for Army, 1961 (herein-after referred to as "the Regulations") have been brought for settlement of all claims of pension, gratuity and allowances of personnel of Indian Army, at the time of individuals retirement, release, resignation, discharge and death etc. Part-I of these Regulations stipulates that unless otherwise specifically provided a disability pension may be granted to any 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. Appendix-II referred to in Regulation 173 has 9 Clauses and Annexures. For the purposes
















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