Disability pension for war-related injury upheld where 20% service-linked disability was attributable to military service.

A 20% disability sustained from multiple shell wounds in the Indo-Pak conflict was treated as attributable to military service, bringing the claimant within Regulation 173 governing disability pension for Armed Forces personnel. The Court confined itself to entitlement to disability pension and declined to reopen other disputed questions about the manner of discharge. It directed payment of disability pension, together with lump sum compensation for arrears-related hardship, future pension, and issuance of the pension payment order.

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Issues: Whether the appellant, who suffered a 20% disability in the Indo-Pak conflict, was entitled to disability pension under Regulation 173 of the Pension Regulations governing the Armed Forces personnel.

Analysis: The medical report recorded that the appellant had sustained multiple shell wounds in the Indo-Pak conflict and that his disability was assessed at 20%. On those facts, the disability was found to be attributable to military service, bringing the case within Regulation 173. The Court declined to reopen other disputed questions relating to the manner of discharge and confined itself to the entitlement to disability pension. Having regard to the prolonged denial of pension and the resulting hardship, the Court also directed payment of arrears-related compensation and future pension.

Conclusion: The appellant was held entitled to disability pension, with lump sum payment, future pension, and issuance of the pension payment order.

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