VidhiSangh

Supreme Court of India · 16/02/2018

EX. LT. COL. R. K. RAI versus UNION OF INDIA & ORS.

[2018] 2 S.C.R. 667 · 2018 INSC 163

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Summary

The Supreme Court allowed a prematurely retired officer’s disability-pension claim under the Government order of 19 May 2017 extending the benefit to qualifying pre-2006 retirees. His permanent 30% hypertension disability was aggravated by military service, and his statement that he had taken no lump-sum compensation was accepted. Eligibility under the order was assessed with effect from 1 January 2006. Future medical reassessment and discontinuance if disability fell below 20% remained open.

Issues

  1. Whether the officer satisfied the conditions of the 19 May 2017 order for pre-2006 retirees.
  2. Which date governed assessment of continuing disability under that order.
  3. Whether the separate Army Group Insurance disability claim should be decided.

Held

Result

Appeals allowed and Tribunal dismissal/review orders set aside. Respondents directed to process the disability claim under the 19 May 2017 order, with future reassessment liberty; conditional liberty reserved concerning Tribunal review of the AGI claim.

Judgment PDF: Supreme Court of India, [2018] 2 S.C.R. 667.