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A bench of Justice Abhay S Oka and Justice MS Sundaresh was hearing in the Supreme Court. In court, the Central Government challenged the order of the Armed Forces Tribunal, which ordered the jawan to be given disability pension.
Supreme Court (Supreme Court Of India) To Army Disability Pension (Disability Pension) In one of its decisions, it has been said that soldiers will get disability pension only when they have become disabled due to duty or the problem has increased due to duty. Court Said that if the jawan is on leave and during that time he becomes disabled for any reason, he will not be entitled to this pension. The court said that if the disability is less than 20 percent, the jawan cannot get disability pension. For example, a jawan can be entitled to disability pension only if there is more than 20 percent disability.
The court said that in this case, the jawan met with an accident two days after going on leave. The jawan was not injured in the line of duty. Also, the court said that this aspect has been completely ignored by the Armed Forces Tribunal, while in this sense the jawan is not entitled to disability pension.
The Supreme Court rejected the petition
A bench of Justice Abhay S Oka and Justice MS Sundaresh was hearing in the Supreme Court. In court, the Central Government challenged the order of the Armed Forces Tribunal, which ordered the jawan to be given disability pension. In its decision, the court said that a jawan can be granted disability pension only when his injuries are duty related. Considering that the incident with the jawan took place during the holiday, the court rejected the plea of the jawan.
The jawan was dismissed on 28 September 2000
The tribunal, in its order, said that if a person sustains an injury while on leave and it is not incompatible with military service, he will be entitled to disability pension. The jawan joined the army in 1965 and got annual leave in November 1999. During the holiday, the jawan met with an accident and the medical team declared the jawan 80 percent disabled. In this regard the jawan was dismissed from service with effect from 28 September 2000. After this, Jawan requested the Armed Forces Tribunal for pension.