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.