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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, JOHNSON JOHN, JJ
HONY. LT. (SUB MAJ) JOOGIN M.S. (RETD.) – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. eligibility for disability pension under entitlement rules. (Para 1 , 3 , 10) |
| 2. arguments regarding attribution of disability to military service. (Para 2 , 4 , 5 , 8) |
| 3. court's interpretation of military regulations and limits of jurisdiction. (Para 6 , 9) |
Johnson John, J.
The writ petitioner was the applicant in O.A. No. 58 of 2024 before the Armed Forces Tribunal, Regional Bench, Kochi. His application against non grant of disability element of pension for the disability ‘primary hypertension’ was dismissed by the Tribunal and the same is under challenge.
2. Heard Sri. Sathyanathan V.K., the learned counsel for the writ petitioner and Smt. Sanjana R. Nair, the learned Central Government Counsel appearing for the respondents.
3. The learned counsel for the writ petitioner argued that the writ petitioner was enrolled in the Indian Army on 24.04.1990 and he was placed in the low medical category on 03.10.2013, while serving at Visakhapattanam for the disease ‘primary hypertension’ and subsequently, he retired from service on 31.5.2020 on completion of terms of enrolment. It is argued that his application for disability element of pension was dismissed for the reason
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