UNION OF INDIA Vs. EX. KASHMIR SINGH

JUDGEMENT

(1.) In the present petition, the challenge is to the order dtd. 21/12/2022 (Annexure P-1) passed by the learned Armed Forces Tribunal, Regional Bench Chandigarh (hereinafter referred to as 'the Tribunal') whereby the petitioner herein was directed to grant disability pension to respondent by treating the disability he incurred @ 50%. Further, the arrears shall remain restricted to three years preceding date of application i.e. 15/9/2021.

(2.) Learned counsel for the petitioners argues that though the benefit of disability pension has been granted to respondent herein but even the disability which is being suffered by him has not been mentioned.

(3.) Learned counsel for the petitioners further submits that unless and until any disability is noticed or even mentioned, merely on the ground that the officer was invalidated out from service on medical category will not be a ground to grant disability pension especially when the discharge was in the year 1982 and the OA was filed after a period of 40 years.