VidhiSangh

Supreme Court of India · 11/12/2019

G H UNION OF INDIA & ORS. versus WING COMMANDER S.P. RATHORE

[2019] 18 S.C.R. 990 · 2019 INSC 1359

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Summary

The Court held that an Air Force officer retiring on superannuation with disability assessed below twenty percent was not entitled to disability pension under the governing provisions. Rounding off applies only after entitlement is established and cannot raise a sub-threshold assessment into eligibility. Ram Avtar extended rounding off to eligible superannuated personnel but did not decide or remove the threshold requirement.

Issues

  1. Whether rounding off could confer disability-pension entitlement on a superannuated officer whose assessed disability was below twenty percent.

Provisions considered

Held

Result

Appeal allowed. The Armed Forces Tribunal order was set aside and the respondent’s original application for disability pension dismissed.

Judgment PDF: Supreme Court of India, [2019] 18 S.C.R. 990.