Supreme Court of India
Union of India & Ors. v. Ex. Sep. R. Munusamy
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From the headnote
Army Rules, 1954 – r. 13(3) III(v) – Discharge under – Army Pension Regulation, 1961 – Entitlement Rules for Ca sualty Pensionary Awards, 1982 – r.14 – Armed Forces Tribunal held that respondent was entitled to disability pension by al lowing the application filed by him after 20 years – Held: Tri bunal patently erred in law in proceeding on the basis of a miscon ceived notion that any ailment or disability of a soldier, not noted at the time of recruitment but detected or diagnosed at the time of his discha rge or earlier, would entitle the soldier to disability pension on the presumption
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