Supreme Court of India · 2014-06-25
SUKHVINDER SINGH vs UNION OF INDIA .
- Citation / case number
- SC 2006/23873
- Court
- Supreme Court of India
- Petitioner
- SUKHVINDER SINGH
- Respondent
- UNION OF INDIA .
- Author
- SHIVA KIRTI SINGH VIKRAMAJIT SEN
- Bench
- SHIVA KIRTI SINGH VIKRAMAJIT SEN
Judgment text excerpt
The Supreme Court addressed the denial of disability pension to the appellant under the Entitlement Rules for Casualty Pensionary Awards, 1982, specifically Rule 5, which presumes sound health upon entry into service. The Court held that the absence of medical parameters for removal from service by Invalidation Medical Boards leads to arbitrary decisions, particularly when the disability is below twenty percent. The Court directed that the appellant's case be reconsidered for pension and potential re-enrollment, emphasizing the need for fair assessment of disabilities in relation to service continuation.