supreme court order on disability pension

As elaborated in Para 28 and 29 of the said judgment, the court has made it absolutely clear that ‘if a person at the time of entry into service was in sound physical and mental health and no entry of any disability exists in his record; then any disability occurring to the individual would be deemed to have occurred in service and would be attributed to and aggravated to military service’ and therefore such a person would be entitled to disability pension if it is 20 % or more. Email Subscription Enter your … (C) No.1588/2013, @A VERY USFUL LIBRARY FOR INFORMATION REGARDING VARIOUS EX-SERVICEMEN ORGANISATIONS &OTHER VALUBLE INFORMATION CLICK HERE, @ CENTRAL PENSION ACCOUNTING OFFICE FOR YOUR PENSION RELATED PROBLEM, Indian Army Record Offices - Contact Address, [triservicesveterans] SUGGESTIONS TO IMPROVE THE PENSION PAYMENT SYSTEM, BUDGET 2021 - INCOME TAX FOR FY-2021-22 AND FILING RETURNS FOR FY 2020-21. CLICK HERE TO DOWNLOAD SUPREME COURT ORDER ON PENSION . No. The Territorial Army is the second line of defence after the regular Indian Army. Replies. On 4 October 2016, the court order dismissed the cut-off time laid down by EPFO to be eligible to contribute on a higher salary. by The court also clarified that the judgment in. A bench comprising Justices L. Nageswara Rao and Hemant Gupta delivered the judgment on 20 September while hearing the case of Dharambir Singh, who was discharged from the Territorial Army in December 1999. This web site has been conceived by Capt KS Ramaswamy(Veteran), var timestamp = "6:00 pm"; The web Site for sharing views of Pension matters relating to Army, Navy & Air Force veterans, Pay Commission related suggestions, DA and the latest News.Service and Armed Forces Veterans are invited to share with this site. When a person is going on a scooter to purchase household articles, such activity, even remotely, has no causal connection with the military service.”. to the disability pension policy, citing cases of misuse of the existing policy. This, the SC said, had a causal connection with military service, unlike Singh’s case. India needs free, fair, non-hyphenated and questioning journalism even more as it faces multiple crises. Ltd. All rights reserved. The Supreme Court ruled that Singh would not be entitled to disability pension because his injury “, even remotely has no causal connection with the military service, The Armed Forces Tribunal, Chandigarh, however, overturned the Medical Board’s decision and ruled that Singh was entitled to disability pension. The Armed Forces Tribunal, Chandigarh, however, overturned the Medical Board’s decision and ruled that Singh was entitled to disability pension. E-copy of Judgment attached. Rejecting Singh’s claim for disability pension, the SC said, “The injury or death must be intervention of armed service and not an accident which could be attributed to risk common to human beings. 1439 of 2016, Ex Sgt Girish Kumar vs. Union of India & Ors relying upon the decision of Hon’ble supreme Court in the case of Davinder Singh vs. Union of India & Ors (C.A. The Supreme Court then dismissed the matter, as a result disposing 880 appeals on the issue. for all military personnel, except for those who have been injured in battles. This has a section of ex-servicemen up in arms alleging subversion of judicial directives. The government argued that although the officer would be treated to be on duty even if he was on casual or annual leave, the injuries suffered by him must have “, causal connection as attributable to or aggravated by military service, Rejecting Singh’s claim for disability pension, the SC said, “. Singh had suffered injuries in an accident that took place after he lost control over his scooter on his way to buy electrical goods for his sister. In Singh’s case, the CoI said that his injury was attributable to military service. Thus, the CoI and the opinion of the Medical Board both have different objects and purposes to achieve,” SC observed. Supreme Court ruling on higher pension benefit to employees under the Employees’ Pension Scheme, 1995 5 April 2019 The Kerala High Court3 had set aside the notification and held that any employee who is a member of the EPF may avail of the option to contribute towards EPS on a higher salary and thereby, become eligible for a higher monthly pension benefit post retirement. declared that disability pension would be taxed, leading to, Top IPS officer wants to stop risk allowance for CRPF personnel with medical conditions, Problem isn’t taxing disability pension of Armed forces, but demonising disability, As Boeing struggles with 737 Max, SpiceJet considers dumping it for Airbus, New crisis for Trump as Democrats pursue formal impeachment over Ukraine call, Supreme Court rejects plea challenging EC’s decision to hold polls in 8 phases in Bengal, SC to examine if 1992 Mandal judgement on quota should be re-looked, CJI Bobde says his ‘will you marry her’ remark in minor rape case was ‘complete misreporting’, Deadly smoke set to return to kitchens as Modi govt cuts LPG subsidies, How PM Modi pulled up IAS officers 3 times in 3 weeks for slow pace of work, lacking ‘courage’, Earth-like planet discovered 26 light years away, with an atmosphere. document.write(date_dd);, No. case in which it had allowed grant of disability pension to an army officer who met with an accident when he was travelling to his hometown from where he was posted, while on casual leave. My cell No is 7387549933. This order was challenged by the central government in the Supreme Court. The decision by the three member bench led by Justice U. U. Lalit comes after […] Coming to the rescue of around 15,000 soldiers, the court rejected an appeal by the government against an order of the Armed Forces Tribunal (AFT), which had extended the benefits of an extra amount in their pensions on account of disability due to service conditions. The Karnataka HC set aside the 2014 amendment and reinstated the old pension calculation procedure. In view of facts as stated above, it is requested that the cases of such individuals who have proceeded on retirement without getting disability pension should be reviewed and the disability pension on account of ‘NANA’ which has been denied to them should be paid retrospectively. Unknown August 21, 2016 at 8:25 PM. The apex court has not stayed the Kerala HC order which approved pension in accordance to salary. In Singh’s case, the CoI said that his injury was attributable to military service. The Supreme Court ruled that Singh would not be entitled to disability pension because his injury “even remotely has no causal connection with the military service”. But the Supreme Court refused to accept the finding of the CoI. This amendment therefore lowered the pension of many employees. In fact, the ministry of defence became the biggest litigant in government as 90 per cent cases in Supreme Court were related to disability pensions. The apex Bench of Armed Forces Tribunal, Principal Bench, New Delhi in O.A. The government argued that although the officer would be treated to be on duty even if he was on casual or annual leave, the injuries suffered by him must have “causal connection as attributable to or aggravated by military service”. RI Supreme Court rules against firefighter in disability pension case. Subscribe to our channels on YouTube & Telegram, Why news media is in crisis & How you can fix it. MOST IMPORTANT JUDGEMENT ON DISABILITY PENSION NY SUPREME COURT OF INDIA ... an order dated 12th December, 1995 on the ground that the disability suffered by the appellant was neither attributable to nor aggravated by the military service. This order was challenged by the central government in the Supreme Court. CONTACT DETAILS VARIOUS BANKS CENTRALISED PENSION PROCESSING CENTRE, CONTACT DETAILS OF ARMY, NAVY & AIRFORCE RECORD OFFICES, Arrears payable to Pre 2006 pensioners on delinking of qualifying service 33 years, PAYMENT OF DISABILITY PENSION : NEITHER ATTRIBUTED  NOR AGGRAVATED (NANA) BY MILITARY SERVICE. 5. ThePrint has the finest young reporters, columnists and editors working for it. Reply Delete. The purpose of CoI is to examine the conduct of the personnel of the Armed Forces, whereas, the Medical Board examines the causal connection with the injury with the military services and also the extent of disability. 1. “Since the accident has occurred when the respondent was purchasing household articles, it cannot be said that there is any causal connection between the injury and the military service,” the court observed. It was informed by DOPT in the said OM that apart from CAT decision in order dated 01.11.2011, which was upheld by Apex Court, remaining appeals of Govt in the similar issue in SLP Nos. “The decision of the CoI in this regard is final. It further proposed to minimise the distinction between ‘field’ and ‘peace’ postings of personnel while calculating the disability pension, and less disparity in the disability pension between officers and personnel below officer rank (PBOR). The appellant approached the High Court of Himachal Pradesh in Civil Writ Petition No.660 of 2004 seeking a direction to respondents to grant disability … The tribunal relied on a 1999 apex court judgment delivered in Madan Singh Shekhawat vs Union of India and Ors case in which it had allowed grant of disability pension to an army officer who met with an accident when he was travelling to his hometown from where he was posted, while on casual leave. irrespective of the date of boarding out /release CLICK HERE, CLICK THIS LINK TO REFER OROP CIRCULAR 555 ISSUED BT PCDA, CENTRAL GOVT PENSION MODULE DEVELOPED BY DOPT CLICK HERE TO REFER, @ CLICK HERE TO REFER W.P. The Supreme Court dismissed over 1,000 appeals against disability pensions, some of them pending from before the BJP took power, between 2014 and 2018. Facebook; Twitter; Google+; You may like these posts. Request any one help me for escalate the matter to ARMY HQ/Supreme Court for getting disability pension. if (timestamp != '') { Also read: Problem isn’t taxing disability pension of Armed forces, but demonising disability. A senior army officer, who did not wish to be named, told ThePrint that whenever a military personnel is injured, a Court of Inquiry (CoI) ascertains if the injury is attributable to military service. The Supreme Court ruled that Singh would not be entitled to disability pension because his injury “ even remotely has no causal connection with the military service ”. During the campaign for 2014 general elections, the BJP targeted the UPA, accusing it of being anti-soldiers. var date_yyyy = timesplit[2]; The tribunal relied on a 1999 apex court judgment delivered in, Madan Singh Shekhawat vs Union of India and Ors. The Supreme Court (SC) today fixed the matter pertaining to deduction of income tax on disability pension of defence personnel for urgent hearing on March 6. The best of journalism is shrinking, yielding to crude prime-time spectacle. Even the Income Tax Department, in its affidavit submitted to the Supreme Court in December 2019, had not opposed tax exemption on disability pension for … } Post a Comment . The Supreme Court unanimously decided that state courts cannot order veterans to pay divorced spouses a portion of their military retirement benefits whe… While relieving Singh, the Army’s Medical Board had rejected his claim for disability pension, ruling that his disability was “neither attributable nor aggravated by military service”. The court also clarified that the judgment in Madan Singh Shekhawat and other similar cases was different, owing to the fact that the injuries or deaths in those cases occurred while returning from or going for leave. When a person is going on a scooter to purchase household articles, such activity, even remotely, has no causal connection with the military service. 3. The Veterans Cell was raised in April, 2013 as a single window for the redressal of veterans’ issues. WHAT CAN I SAY OF THIS WONDERFUL OFFICER? and other similar cases was different, owing to the fact that the injuries or deaths in those cases occurred while returning from or going for leave. Another senior army officer told ThePrint on condition of anonymity that the Supreme Court judgment is welcome as it may reduce the number of claims for disability benefits, which are not attributable to military service. disability pension & war injury pension to be paid with d.a. document.write(date_mmm); indianmilitaryveterans. New Delhi: The Supreme Court has rejected the disability pension demand of a former Army man who injured himself while on casual leave — a ruling that adds to the debate on giving special treatment to military personnel with medical conditions acquired while in service. Defence Travel System (E-ticketing): Introduction, Users, Features & Audit, Assured Career Progression (ACP) w.e.f Jan 2006.

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