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december 2019

Supreme Court of India · 2019-12-11

UNION OF INDIA vs WING COMMANDER ( 24734 AE )L) S.P.RATHORE

Citation / case number
SC 2018/33390
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
WING COMMANDER ( 24734 AE )L) S.P.RATHORE
Author
HON'BLE MR. JUSTICE DEEPAK GUPTA
Bench
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE DEEPAK GUPTA

Judgment text excerpt

The Supreme Court held that under Regulation 37 of the Defence Service Regulations Pension Regulations for the Air Force, 1961, a disability pension is only payable to an officer whose disability is assessed at 20% or above. The Court clarified that since the appellant's disability was less than 20%, he is not entitled to a disability pension, despite the disability being aggravated by service. The judgment reinforces the strict criteria for eligibility for disability pension as outlined in the regulations.

UNION OF INDIA vs WING COMMANDER ( 24734 AE )L) S.P.RATHORE · Niyam