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june 2014

Supreme Court of India · 2014-06-25

Sukhvinder Singh vs Union Of India & Ors

Citation / case number
AIRONLINE 2014 SC 258
Court
Supreme Court of India
Petitioner
Sukhvinder Singh
Respondent
Union Of India & Ors
Bench
Shiva Kirti Singh, Vikramajit Sen

Judgment text excerpt

The Supreme Court addressed the dismissal of a writ petition concerning the entitlement to disability pension under Rule 5 of the Entitlement Rules for Casualty Pensionary Awards, 1982. The Court held that the presumption of sound health upon entry into service applies to all disabilities, not just casualties, and emphasized the need for clear medical parameters for discharging personnel due to disabilities. The Court found the decision-making process of the Invalidation Medical Boards to be arbitrary, particularly when the disability is below twenty percent, and directed that the appellant's case be reconsidered for potential re-enrollment or pension entitlement.

Sukhvinder Singh vs Union Of India & Ors · Niyam