G H UNION OF INDIA & ORS. versus WING COMMANDER S.P. RATHORE

G H UNION OF INDIA & ORS. versus WING COMMANDER S.P. RATHORE

Disability pension is not admissible to an Air Force officer superannuated from service if the disability is less than 20%. There is no question of rounding off the disability percentage, as rounding off provisions apply only when basic eligibility for disability pension is established.

Parties
Appellant: Union of India & Ors.; Respondent: Wing Commander S.P. Rathore
Jurisdiction
India
Judgment Date
11 December 2019
Procedural Posture
Civil Appeal / Appeal From Armed Forces Tribunal Judgment
Outcome
Appeal allowed; order of the Armed Forces Tribunal set aside; original application of respondent dismissed.
Legal Topics
Disability Pension, Entitlement to Pension, Rounding Off Disability
Armed Forces Law Pension Law Disability Pension Entitlement to Pension Rounding Off Disability

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Parties

Union of India & Ors.

Appellant

Wing Commander S.P. Rathore

Respondent

Procedural Posture

Civil Appeal / Appeal From Armed Forces Tribunal Judgment

Legal Issues

  1. 1 Whether disability pension is payable to an Air Force officer superannuated from service with less than 20% disability

Ratio Decidendi

Disability pension is not admissible to an Air Force officer superannuated from service if the disability is less than 20%. There is no question of rounding off the disability percentage, as rounding off provisions apply only when basic eligibility for disability pension is established.

Court Disposition

Appeal allowed; order of the Armed Forces Tribunal set aside; original application of respondent dismissed.

Orders

  • Order of Armed Forces Tribunal set aside
  • Original application filed by respondent before the Armed Forces Tribunal stands dismissed