'Rejection Of Disability Pension Should Be Based On Reasoned Order ': Delhi High Court
1 week, 6 days ago

'Rejection Of Disability Pension Should Be Based On Reasoned Order ': Delhi High Court

Live Law  

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur held that since the Petitioner's disabilities arose while he was in service, the possibility of the disabilities having arisen due to being in service could not be ruled out. The Medical Board recommended that the Petitioner be granted Disability Pension but later the Pension Sanctioning Authority passed an order on 21.03.2014 granting the Petitioner only Invalid Pension Rules, 1972). The Second disability was considered to be attributable to service by the Medical Board but the Petitioner was invalidated from service because of the first disability, the Counsel stated. The Court held that it had to determine whether the Petitioner was entitled to disability pension while he was invalidated from service and his second disability was held to be attributable to service. The Court held that in absence of reasons as to why the first disability was not attributable to service and also having failed to discharge the onus of proof that was on them to prove the condition for non-entitlement of the Disability Pension to the petitioner, the Court directed the respondents to grant Disability Pension to the petitioner, with an interest at 8% per annum, by taking his two disabilities at 50% and, accordingly, release pensionary benefits to him within a period of two months.

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History of this topic

[Disability Pension] Soldier Is Presumed To Be In Sound Health When There's No Record Of Disease At Stage Of Enrolment: Punjab & Haryana HC
1 week, 5 days ago

[Disability Pension] Soldier Is Presumed To Be In Sound Health When There's No Record Of Disease At Stage Of Enrolment: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court set aside the order of Armed Forces Tribunal and directed to process the disability pension of the disabled armed forces officer, observing that a soldier is presumed to be of sound health in absence of specific medical finding. The bench explained that the disability pension can be rejected, only after proving the following principles: …

'Leave Encashment Can't Be Denied Merely Because Chargesheet Was Filed Against Petitioner': Delhi High Court
3 weeks, 3 days ago

'Leave Encashment Can't Be Denied Merely Because Chargesheet Was Filed Against Petitioner': Delhi High Court

Live Law  

A Single Judge Bench of the Delhi High Court comprising Justice Jyoti Singh held that as per the CCS Rules, 1972, the Petitioner could not be denied the grant of Leave Encashment under Rule 39 of the said Rules. The Petitioner was charge-sheeted for allegedly participating in a one-day protest and could not be denied the benefit of grant of …

'Petitioner's Voluntary Retirement Could Not Be Cancelled After Being Accepted By Respondents Once', Delhi High Court
4 weeks ago

'Petitioner's Voluntary Retirement Could Not Be Cancelled After Being Accepted By Respondents Once', Delhi High Court

Live Law  

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed that the Petitioner's voluntary retirement could not have been cancelled after it was accepted in the first place. On the next date of hearing, the Counsel for the Respondents produced the Speaking Order dated 30.10.2024 issued by the DIG, CRPF by which the Petitioner's request …

'Disability Pension Can't Be Denied Merely Because Officer Was Posted At Peace Station Later', Delhi High Court
1 month ago

'Disability Pension Can't Be Denied Merely Because Officer Was Posted At Peace Station Later', Delhi High Court

Live Law  

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while dismissing a Petition observed that the disability element of Pension could not be denied to the Respondent merely on the grounds that the Respondent was posted at a peace area. The Tribunal referred to the proceedings of the RMB and held that while initially the …

'Disability Pension Can't Be Denied Merely Because Officer Was Posted At Peace Station Later', Delhi High Court
1 month ago

'Disability Pension Can't Be Denied Merely Because Officer Was Posted At Peace Station Later', Delhi High Court

Live Law  

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while dismissing a Petition observed that the disability element of Pension could not be denied to the Respondent merely on the grounds that the Respondent was posted at a peace area. The Tribunal referred to the proceedings of the RMB and held that while initially the …

Army Authorities Escaping Onerous Legal Obligation: Punjab & Haryana HC Upholds Grant Of 'Disability Pension' To Officer With Hearing Loss
1 month, 1 week ago

Army Authorities Escaping Onerous Legal Obligation: Punjab & Haryana HC Upholds Grant Of 'Disability Pension' To Officer With Hearing Loss

Live Law  

The Punjab and Haryana High Court has upheld Armed Forces Tribunal's decision to grant "disability pension" to an army officer who during the course of his service developed loss of hearing which was assessed by the medical board as less than 20% for life and was also declared to become aggravated by rendition of military service. In doing so the …

State Cannot Prolong Delay In Releasing Employees' Pension Under Guise Of Public Interest & Accountability: Calcutta High Court
6 months, 4 weeks ago

State Cannot Prolong Delay In Releasing Employees' Pension Under Guise Of Public Interest & Accountability: Calcutta High Court

Live Law  

A single judge bench of the Calcutta High Court comprising of Justice Aniruddha Roy, while deciding Writ Petition in the case of Sri Kunal Chandra Sen vs. State of West Bengal & Ors., held that the state cannot use public interest and accountability as an excuse to indefinitely delay the release of employees' pensions. The petitioner applied for a No …

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