(1.) A large number of writ petitions come up for hearing before this Bench claiming disability pension on account of the discharge from service of the personnel of the Armed Forces. The parties cite quite large selection of judgments in support of their respective stands. Since the issues relating to payment of disability pension arise rather frequently, we framed three questions for consideration for in depth examination in one case, the decision of which can be relevant in deciding other similar cases. However, each of the writ petitions claiming disability pension would be taken up for hearing in the light of the decision on the following issues:
(2.) SECTION 191 of the Army Act, 1950 empowers the Central Government to frame Rules to give effect to the provisions of the Act and also in respect of the matters specified in sub -section (2). The matters empowering the Central Government are the matters relating to dismissal, removal and court martial etc. Section 192 empowers the Central Government to frame regulations in respect of which rules are not contemplated. Since the payment of pension does not fall within the scope of the rule making authority of the Central Government contemplated under Section 191 of the Army Act, 1950, therefore, the Central Government has framed Pension Regulations for the Army in the year 1961. The relevant clauses i.e. 48 and 173 from the Pension Regulations for the Army, 1961 are as under:
(3.) AGGRAVATION : If it is established that the disability was not caused by service attributability shall not be conceded. However, aggravation by service is to be accepted unless any worsening in his condition was not due to his service or worsening did not persist on the date of discharge/claim.
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