NEW DELHI, May 7 -- Delhi High Court issued the following judgment on April 7:
1. The UOI is in writ before us against order dated 28 July 2023 passed by the learned Armed Forces Tribunal1 in OA 240/2020 whereby the Tribunal has allowed the respondent's claim to disability pension.
2. We have recently had an occasion to examine the legal position in this regard and have, in our judgment, in UOI v Ex Sub Gawas Anil Madso2 scanned through the existing law and culled out the principles that apply.
3. It is clear, from a perusal of the applicable judgments on the point, that the entitlement of the officer to disability pension has essentially to be decided on the basis of two considerations. The first is that whether the officer was sufferin...