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.