2004 (5) TMI 622

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....in of military service and was placed in temporary low medical category CEE for six months. In view of the said ailment the petitioner applied for discharge from the army on compassionate grounds on 19th February, 1979 after completion of 12 years of service. It is the case of the petitioner that on 11th April, 1979 the petitioner was brought before the Release Medical Board . The Medical Board after examining him down graded to medical category CEE (physical) permanent. It also recommended that the disability was 30% aggravated by stress of military service. It further opined that longevity of the petitioner has been reduced by one year. On 30th April, 1979 the Jat Regimental centre recommended grant of disability pension to the petitioner....

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....endix II. On the basis of the aforesaid provisions in the Pensionary Regulations it was contended that as the petitioner was not invalided from service on account of disability but has sought discharge on his own the petitioner will not be entitled to disability pension. 5. We have carefully considered the arguments advanced by the learned counsel for both the parties. Learned counsel for the petitioner has placed reliance on Ex Subedar Baljor Singh Vs. Union of India and others a Division Bench Judgment of this Court reported as 1996 6 SLR 142. However in that case the discharge was not sought on compassionate ground as has been done in the instant case. The question is whether on account of seeking discharge on compassionate ground the p....

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.... wound /injury, or disease which (i) is attributable to military service or (ii) existed before or arose during military service and has been and remains aggravated thereby, (b) the death was due to or hastened by (i) a wound, injury or disease which was attributable to military service , or (ii) the aggravation by military service of a wound , injury or disease which existed before or arose during military service." 6. On careful perusal of the aforesaid rule it is manifestly clear that invalidated from service is necessary condition for grant of disability pension. What has to be seen for entitlement for disability pension is whether an individual at the time of his release was in a low medical category than that in which ....

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....y low medical category "CEE" for six months with effect from 21 Sep 78. Having been placed in low medical category he had applied for discharge on compassionate grounds on 19 Feb 79. 3. He was discharged from service on 24 Apr 79 after completion of all the medical formalities which are applicable in case of disposal of permanent low medical category personnel. 4. It has been opined by the competent authority that his discharge from service can not be legally termed as of "on compassionate grounds at his own request". But it should be considered as disposal of low medical category personnel because of non availability of suitable sheltered appointment for him. Therefore the cause and clause of his discharge from serv....