VidhiSangh

Supreme Court of India · 24/07/2019

EX-HAV ASHOK KUMAR versus UNION OF INDIA & ORS.

[2019] 11 S.C.R. 30 · 2019 INSC 809

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Summary

Entitlement to disability pension through a deeming provision did not automatically confer ex-gratia disability compensation. A soldier discharged during extended service after placement in a permanent low medical category qualified for pension under the limited statutory fiction, but did not meet the separate policy requirement of being boarded out for service-attributable or aggravated disability. The ex-gratia claim was rejected on merits without deciding the Tribunal’s limitation and claim-splitting objections.

Issues

  1. Whether deemed invalidation for pension purposes also satisfied the independent ex-gratia policy conditions.

Provisions considered

Held

Result

Appeal dismissed on the merits of ex-gratia entitlement; pending applications disposed of. Existing disability-pension award not disturbed; procedural bar issues left unexamined.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 30.