Union Of India vs Wing Commander ( 24734 Ae )L) ...

The Supreme Court ruled that under the Defence Service Regulations Pension Regulations for the Air Force, 1961, an Air Force officer who superannuates is entitled to a disability pension only if their disability is assessed at 20% or higher, as per Regulation 37(a). The Court clarified that no disability element is payable for disabilities assessed below 20%, referencing Circular dated 31.1.2001, particularly Para 8.2, which states that no disability element shall be payable for disabilities less than 20%. The appeal by the Union of India was upheld, confirming that the respondent was not entitled to a disability pension due to having less than 20% disability.