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CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Smt Madhu Sharma – Appellant
Versus
Union of India through Secretary, Ministry of Defence – Respondent
| Table of Content |
|---|
| 1. transfer of case and prayer for pension. (Para 1 , 2) |
| 2. petitioner's background and disability. (Para 3) |
| 3. respondents' contestation of the claim. (Para 4) |
| 4. court's review of legal principles. (Para 5 , 8) |
| 5. details of the accident and its consequences. (Para 6 , 7) |
| 6. legal heir's substitution. (Para 9) |
| 7. supreme court precedent on disability rights. (Para 10 , 11) |
| 8. denial of rights under constitutional provisions. (Para 12) |
| 9. court's order for pension and benefits. (Para 14 , 15 , 16) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WP(C) No. 62/2020 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/8830/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court with following prayer:
a) “Mandamus may kindly be issued directing the respondents to appropriately fix the pension case of the petitioner for invalid/disability pension, over and above normal pension, as provided in CCS (P) and CCS (EOP) Rules read with section 20 of Rights of Persons with Disability Act, 2016 and Section 47 of Persons with Disabilities Act, 1995 and various office corrigendum's
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