UNION OF INDIA Vs. V.R. NANUKUTTAN NAIR

JUDGEMENT

(1.) The challenge in the present appeals is to the orders passed by the Armed Forces Tribunal, Regional Bench, Kochi (for short, 'Tribunal') on 26th October, 2010 and April 12, 2011 holding that the respondent (hereinafter referred to as the 'applicant') is entitled to service element of disability pension from the date of discharge.

(2.) The facts in brief are that the applicant was discharged on 30th June, 1978 after completion of 10 years and 169 days of service. He was in low medical category since 1970. He was granted disability pension @50% on account of suffering from Viral Myocarditis post discharge, but the applicant was denied the benefit of service element of disability pension. It is the denial of this service element which led the applicant to invoke the jurisdiction of the Tribunal.

(3.) The stand of the appellants before the Tribunal was that the applicant is not entitled to service element of disability pension as he was released on expiry of engagement before completion of pensionable qualifying service of 15 years and was not invalided out of service on account of disability, though he has been paid service gratuity and death-cum-retirement gratuity.