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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALEE KRISHNA S., J
UNION OF INDIA – Appellant
Versus
CAPT (TS) NILKANTHA SAHA – Respondent
| Table of Content |
|---|
| 1. writ petition challenges tribunal's order on disability pension. (Para 1 , 2) |
| 2. arguments presented by both parties regarding the disability claim. (Para 5 , 6) |
| 3. court discusses the importance of medical board opinions. (Para 7 , 8 , 9) |
| 4. court affirms tribunal's ruling on disability pension eligibility. (Para 10 , 11) |
| 5. writ petition dismissed, upholding tribunal's decision. (Para 12) |
J U D G M E N T
Muralee Krishna, J.
This writ petition is filed under Article 226 of the Constitution of India by the respondents in O.A.No.93 of 2023 before the Armed Forces Tribunal, Regional Bench, Kochi (‘the Tribunal’ for short), challenging the order dated 31.01.2024 passed by the Tribunal, whereby the claim set up by the respondent for disability element of pension was allowed on condition of assessing composite degree of disability by an appropriate Medical Board.
2. The facts in brief which led to the filing of this writ petition are as follows: The respondent was commissioned in the Indian Navy on 07.03.1988 and superannuated on 31.05.2020. He was medically and physically fit at the time of entering service. During the three decades of service, he had served in various fie
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