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| Army personnel entitled to disability pension: HC | | | EARLY TIMES REPORT
Jammu, February-10 (JNF):- A Division Bench of J&K High Court Jammu Wing comprising Chief Justice Aftab H Saikia and Justice Mansoor Ahmed Mir decided a law point regarding the disability pension of Army personals who got injured during the availing annual leave and is entitled to get disability pension.
This very important law point decided in an appeal filed by Union of India against the judgment passed by Single Judge, Division Bench after hearing both the sides and referred various judgments of the Apex court and State High Court observed that while dealing with the similar points regarding the entitlement of disability pension Apex court as well as State High Court that disability pension of injured service personal on annual leave, unhesitatingly, held that the officer on leave would be entitled to disability pension as he would be deemed to have been in service while injured.
The Court is of the view that finding expressed and recorded by the Writ Court accordingly Division Bench in full agreement with the direction given by the said Court as result this appeals stands dismissed and directed the to grant disability pension as directed by the Writ Court shall be complied with and implemented within a period of 90 days to be reckoned from the date of receipt of a copy of this judgment by the respondents. JNF
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