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2014 Supreme(P&H) 377

HEMANT GUPTA, FATEH DEEP SINGH
Naik Umed Singh – Appellant
Versus
Union of India – Respondent


For the Petitioner:M/s Navdeep Singh and Mr. R.A. Sheoran, Advocates.
For the Respondents:M/s S.S.Sandhu, Mr. Kunal Dawar, Mr. Mohit Malik & Ms. Kamla Malik, Advocates.

JUDGMENT

Mr. Hemant Gupta, J.:- A large number of writ petitions come up for hearing before this Bench claiming disability pension on account of the discharge from service of the personnel of the Armed Forces. The parties cite quite large selection of judgments in support of their respective stands. Since the issues relating to payment of disability pension arise rather frequently, we framed three questions for consideration for in depth examination in one case, the decision of which can be relevant in deciding other similar cases. However, each of the writ petitions claiming disability pension would be taken up for hearing in the light of the decision on the following issues:

1. Whether the Armed Forces Tribunal or Writ Court in exercise of power of judicial review can re-examine the report of release Medical Board categorizing the disability either not attributable to Military Service or aggravated by Military Service?

2. Whether the disability suffered after enrollment irrespective of its nature, may be constitutional or otherwise, will entitle personnel of the Armed Forces for the disability pension as it would be presumed that such disability is attributable to or aggravated b































































































































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