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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, JOHNSON JOHN, JJ
UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – Appellant
Versus
T. JOSEPH GEORGE – Respondent
| Table of Content |
|---|
| 1. invalided service entitlement based on assessed disability. (Para 1 , 2 , 3) |
| 2. arguments on pension discontinuation and wrongful assessment. (Para 4 , 5 , 10) |
| 3. entitlement based on invalidation and prior assessments. (Para 6 , 8) |
| 4. judicial rationale on fundamental rights and jurisdiction. (Para 7 , 11) |
| 5. final judgment related to the pension entitlement. (Para 12) |
Johnson John, J.
The order of the Armed Forces Tribunal, Regional Bench, Kochi allowing disability element of pension is under challenge in this writ petition filed by the Union of India.
2. The respondent enrolled in the Indian army on 06.07.1965 and was invalided out of service on 09.10.1970. His disability ‘Chronic Myofascitis Back’ was considered as attributable to service, as it was an aftermath of an accidental fall during an organized game. The Release Medical Board assessed the disability at less than 20% for two years and therefore, initially, the claim was rejected; but, after two years, even though the Re-survey Medical Board assessed the percentage of disability less than 20%, the claim was accepted at 20% and granted disability pension for the period from 29.7.1972 to 08.08.1974.
3. Subsequen
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