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IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, Easwaran S., JJ
HAVILDAR ANIL KUMAR NS (EX NO.15311877- M) – Appellant
Versus
UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENCE – Respondent
| Table of Content |
|---|
| 1. disability pension entitlement criteria based on service-related disabilities. (Para 1 , 2) |
| 2. interpretation of regulations governing disability pension eligibility. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. case specifics of havildar anil kumar regarding disability pension denial. (Para 14 , 15 , 16 , 17) |
| 4. summary of other cases and their outcomes in relation to disability pension. (Para 20 , 21 , 22 , 23 , 24) |
| 5. arguments presented by both parties regarding disability pension claims. (Para 25 , 28 , 29 , 30 , 31) |
| 6. final judgment and directives regarding disability pension claims. (Para 32) |
JUDGMENT
Amit Rawal, J.
1. This order shall dispose of six writ petitions ie., WP(C) No.818 of 2024, WP(C) No.16857 of 2024, WP(C) No.16862 of 2024, WP(C) No.23112 of 2024, WP(C) No.2458 of 2024 filed by the Union of India and WP(C) No.43207 of 2023 filed by Havildar Anil Kumar NS against the order of the Armed Forces Tribunal.
2. The question involved in all the cases is whether the ex-service men who have been discharged or superannuated from service for having disability more than 20% would be entitled for disability pension or not.
3. Government of India initial
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