AI Overview...
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Disability Pension Eligibility - Army personnel below officer rank can claim disability pension based on medical assessments and regulations. The Medical Board's opinion is crucial in determining entitlement, and courts have emphasized comprehensive analysis of medical evidence and relevant rules BHAGWAN VS UNION OF INDIA - Delhi, UNION OF INDIA, REP. BY ITS SECRETARY, NEW DELHI VS BHASKARAN N. S/O LATE NARAYANAN N. - Kerala.
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Reconsideration of Discharge and Retirement - Discharges due to physical unfitness or medical grounds are subject to judicial review. The courts have remanded cases for reconsideration, recognizing that societal and administrative circumstances may warrant re-evaluation of retirement policies Prodip Kumar Haloi VS Union of India - Gauhati.
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Legal and Constitutional Framework - Articles of the Constitution and relevant laws (e.g., Army Act, CCS Rules) provide the basis for discharge procedures and disability benefits. Judicial decisions have reaffirmed the importance of maintaining fitness standards for armed personnel while allowing for reconsideration in light of changing circumstances Prodip Kumar Haloi VS Union of India - Gauhati, IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 VS . - Supreme Court.
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Application for Reconsideration - Ex-army personnel with disabilities, such as 20% locomotor disability, can apply for reconsideration of their discharge status. The process involves submitting medical evidence, which courts consider vital. Cases have highlighted the need for administrative flexibility and re-evaluation based on evolving medical opinions and societal needs Sarika VS State of U. P. - Allahabad.
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Policy and Societal Factors - Changes in societal circumstances, including recognition of disabilities and backward classes, necessitate periodic review of policies related to discharge and benefits. Judicial pronouncements suggest that rigid adherence to outdated standards should be avoided, and reconsideration should be permitted to ensure fairness IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 VS . - Supreme Court, State of Punjab VS Davinder Singh - Supreme Court.
Analysis and Conclusion
To apply for reconsideration of discharge status due to a 20% disability, an ex-army personnel should submit comprehensive medical documentation and request a review under relevant rules and regulations. Courts have upheld the principle that such decisions are subject to judicial review and can be revisited, especially when societal and medical standards evolve. The process involves engaging with administrative authorities and, if necessary, seeking judicial intervention to ensure fair treatment and appropriate benefits BHAGWAN VS UNION OF INDIA - Delhi, UNION OF INDIA, REP. BY ITS SECRETARY, NEW DELHI VS BHASKARAN N. S/O LATE NARAYANAN N. - Kerala, Prodip Kumar Haloi VS Union of India - Gauhati.
References: - BHAGWAN VS UNION OF INDIA - Delhi - UNION OF INDIA, REP. BY ITS SECRETARY, NEW DELHI VS BHASKARAN N. S/O LATE NARAYANAN N. - Kerala - Prodip Kumar Haloi VS Union of India - Gauhati - Sarika VS State of U. P. - Allahabad - IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 VS . - Supreme Court - State of Punjab VS Davinder Singh - Supreme Court
Search Results for "Application for Reconsideration of Discharge Status of Ex Army Personnel with 20 Disability"
2002 0 Supreme(Del) 1725 • India - Delhi
MADAN B.LOKUR
The judgment deals with the issue of disability pension to Army personnel below officer rank. ... rank seeking disability pension. ... Fact of the Case: The writ petition under Article 226 of the Constitution was filed by an Army personnel below officer ... Army Act, 1950 ... ( 13 ) RETIREMENT, release or discharge of Army personnel is provided for in Section 22 of the Army Act, 1950 (for short ....
2024 0 Supreme(Ker) 1340 • India - Kerala
Forces Personnel, 1982 - Disability pension - The AFT ruled in favor of the Respondent, granting a disability pension rounded off ... The court emphasized the need for a comprehensive analysis of the medical opinions and the relevant regulations governing disability ... ) (B) Medical Board's Opinion - The opinion of the Medical Board is crucial in determining entitlement to disability ... The respondent’s application for grant of disability pension was rejected on the....
1990 0 Supreme(AP) 97 • India - Andhra Pradesh
M.JAGANNADHA RAO, S.S.M.QUADRI, B.P.JEEVAN REDDY
Tech courses The order of preference in those rules was as follows ; i) Children of Ex-servicemen and armed Personnel killed in action. ii) Children of Ex-servicemen and Armed Personnel disabled in action and are in receipt of disability pension. iii) Children of Ex - servicemen and Armed Personnel who ... I am, therefore, of the view that by any method of reasoning the view taken in the above judgments requires reconsideration. 3. ... In this case a date was fixed for purposes of application#....
2021 0 Supreme(Gau) 442 • India - Gauhati
MICHAEL ZOTHANKHUMA
Union of India", the premature retirement of the Government servants therein by application of Rule 48(1)(b) of the CCS(Pension) Rules, 1972, was upheld on the ground that fitness of personnel of the Armed Forces was of paramount consideration and there could not be any compromise on that issue. ... Accordingly, the Division Bench remanded the writ petitions back to the learned Single Judge for reconsideration. ... Retirement or discharge of subordinate officers and enrolled persons on grounds of physical unfitness- (1) ....
2005 0 Supreme(All) 330 • India - Allahabad
S.R.ALAM, B.S.CHAUHAN, SUNIL AMBWANI
Fact of the Case: The petitioner, Sarika claims to be physically disabled person with locomotor disability to the extent ... because the persons for which the reservation has been provided may be having such disabilities which may cause obstruction to discharge ... in view of the resolutions of the Administrative committee dated 8. 12. 1979 and 31. 1. 1981 and the decision of the Court dated 20 ... The draft rules as approved on 17. 7. 1997, were remitted back for reconsideration. ... Rats case this court had taken a v....
2021 0 Supreme(SC) 248 • India - Supreme Court
ASHOK BHUSHAN, S.ABDUL NAZEER, L.NAGESWARA RAO, HEMANT GUPTA, S.RAVINDRA BHAT
favour of backward class citizens – Indra Sawhney (supra) does not require to be referred to a larger bench nor does it require reconsideration ... they are not socially and educationally backward – Article 342A was brought by Constitution 102nd Amendment to give constitutional status ... (Paras 20, 23 and 26) Per S. Ravindra Bhat, J. ... , ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth." ... The judicial function is, like legislation, both ....
2024 0 Supreme(SC) 615 • India - Supreme Court
D. Y. CHANDRACHUD, MANOJ MISRA, B. R. GAVAI, VIKRAM NATH, BELA M. TRIVEDI, PANKAJ MITHAL, SATISH CHANDRA SHARMA
Social backwardness is attributable to several identities such as caste, gender and disability. ... But it is another issue to completely disregard the application of the principle of sub-classification to the Scheduled Castes on the ground that Indra Sawhney (supra) limited its application to the Other Backward Class. ... We are not impressed with the misfortune predicted about governmental personnel being manned by morons merely because a sprinkling of harijans/girijans happen to find their way into the services. ... I....
2024 0 Supreme(SC) 942 • India - Supreme Court
D. Y. CHANDRACHUD, SURYA KANT, M. M. SUNDRESH, J. B. PARDIWALA, MANOJ MISRA
Such a rigid approach cannot be countenanced as changing societal circumstances sometimes necessitate a reconsideration of the status quo—even when the challenge is brought after a considerable lapse of time. 67. ... Union of India, AIR 2011 SC 2365 addressed multiple petitions that had been filed challenging the exemptions provided under law, which allowed a private, non-aided educational institution to admit the children of army personnel exclusively. ... Justice Agarwal, writing for the Bench observed that AFSPA was e....
2019 8 Supreme 1 • India - Supreme Court
RANJAN GOGOI, S. A. BOBDE, D. Y. CHANDRACHUD, ASHOK BHUSHAN, S. ABDUL NAZEER
Suit by Nirmohi Akhara was a suit for restoration of management and charge so as to enable Akhara to have benefit of usufruct in discharge ... (Paras 322, 324, 326, 327, 328, 329, 331, 332 and 333) (S) Hindu Law – Legal Status of Pujari – A Pujari is ... appointed by founder or by a Shebait to conduct worship – This appointment does not confer upon Pujari status of a Shebait – They ... In that case, the respondent was invalidated out of the Indian Army on medical grounds in November 1983. He approached the High Court in ....
2024 Supreme(Online)(SC) 11075 • India - SUPREME COURT OF INDIA
Union of India,101 addressed multiple petitions that had been filed challenging the exemptions provided under law, which allowed a private, non-aided educational institution to admit the children of army personnel exclusively. ... approach cannot be countenanced as changing societal circumstances sometimes necessitate a reconsideration of the status quo—even when the challenge is brought after a considerable lapse ... Justice Agarwal, writing for the Bench observed that AFSPA was enacted to enable the Central Government....
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