Ex. Lt. Col. R.K. Rai vs Union Of India And Ors.

The Supreme Court upheld the Armed Forces Tribunal's decision rejecting the appellant's claims for medical disability pension, citing Regulation 48 and Regulation 50 of the Pension Regulations for the Army, 1961, which stipulate that personnel who voluntarily retire are not entitled to such pensions. The Court noted that while the Sixth Pay Commission Report allows for disability pensions for those retiring after 01.01.2006 with a disability of 20% or more, the appellant's retirement predates this cut-off, thus disqualifying him. The Court affirmed the Tribunal's rejection of the review petition, referencing the precedent set in Union of India Vs. Ajay Wahi (2010) 11 SCC 213.