2006 Supreme(J&K) 3
Y.P.NARGOTRA
Shakti Devi – Appellant
Versus
Union Of India – Respondent
Advocates Appeared:
Advocate For Appellant: M.R. Qureshi
Advocate For Respondent: Neeru Goswami
1. This writ petition has been filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir by widow of Solider Balbir Singh who was serving in the Army and has since been expired. The said Balbir Singh was discharged from the Army on 30th of May 1976 on medical grounds, by then he had rendered four years, six months and twenty one days service. As per the Medical Board, he was suffering from Traumatic Gangrene left little finger (OPTD)(Amputation Done). At the time of his discharge, his disability was assessed at 20%, and therefore, in terms of the Pension Rules, he was granted disability pension w.e.f. 31.5.1976 to 18.01.1986 for a period of ten years at the stipulated rate. Again in terms of pension rule 185 of the Army Pension Regulations 1961, re-survey with regard to the disability of the husband of the petitioner was held by the medical board constituted by the Army. The Medical Board assessed the disability of the deceased Balbir Singh again at 20% for a further period of ten years w.e.f 19.1.1986 to 30.12.1995.Accordingly for this period also disability pension under the rules was released in favour of the husband of t
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