...pension in favour of the petitioner if disability is twenty per cent and above;(b) the service element of pension in favour of the petitioner; and...specifically provided a disability pension consisting of service element and disability element may be granted to an individual who is invalided out of service on account of a disability which is...Pension Regulations for the Army, 1961 (Part I) stipulates as under:“183. Amount of disability pension.—The disability pension consists of two elements viz. service element and...

...;(b) Treating the disability at 75% instead of 50% w.e.f 1-1-1996 as per the Ministry of Defence Letter dated 31-1-2001;(c) Grant of service element for full...shall be entitled to war injury pension consisting of service element and war injury element. Para 4.1 provides for the different categories to which the pensionary benefits are to be awarded...4.1 above, he/she shall be entitled to war injury pension consisting of service element and war injury pension as follows:(a) Service element.—Equal to retiring...

...) contending that he was entitled to the disability element of disability pension on account of his disability attributable to military service, rounding off of his disability to 50%. By the order dated.... 10. In view of the opinion of the Invaliding Medical Board, appellant was invalided out from service w.e.f. 14.08.1989. He was granted disability pension consisting of the service element only...respondent No. 3 requesting the authorities to accept his disability as attributable to and aggravated by military service and thereafter to release disability pension (disability element) to him by...

...short on his left elbow on 11.3.1971 He was released from service with 50 per cent disability on 10.04.1979 On 26.7.1979 the petitioner was granted disability pension. Service element granted only for a...Injury pension and @ 75% disability and also for service element for 10 years service rendered. Petitioner filed CWP No. 20447 of 2002 which was disposed of on 13.3.2004 wherein the prayer for War...Injury Pension was rejected. However, request of the petitioner for disability element of 75 per cent was granted keeping in view the instructions aforesaid. The prayer for award of service element counting...

...grant of service element of disability pension. But the respondents, vide letter dated 27.06.2005, informed the petitioner to send life time arrear certificate in respect of her late husband..., 2001 (1) FLJ-568, the petitioner is entitled for grant of service element of disability pension. The petitioner has sought the relief in terms of the judgment of the Hon'ble Delhi High...Regulations of the Army, the benefit of service element of the pension would be available to all persons who had been invalidated out of service irrespective of the date of invalidation but the benefits...

...31.08.2010 1. In this case applicant has prayed that he may be granted service element of disability pension for her diseased husband with effect from June, 1976 along...May, 1967. Disability of the applicants husband was discontinued on the ground that disability of the applicants husband fell less than 20%. It is alleged that before 01.01.1973, service element of...disability was contingent upon length of service but after 01.01.1973, this restriction has been removed and Army personnel has been released the service element of disability pension irrespective of...

...by the Army service. The petitioner was granted disability pension, consisting of disability element and service element. The petitioner was brought before Re-Survey Medical Board (hereinafter...eight time, his disability was assessed at zero per cent. As a result thereof, disability pension, consisting of both the elements i.e service and disability element, of the petitioner was discontinued...petition filed under Articles 226/227 of the Constitution of India is whether the petitioner is entitled to get service element of pension after the benefit of disability...

...-affidavit, is that as the petitioner was discharged from service on completion of his term of engagement and as he had rendered less than 15 years of service he was not entitled to service element of...disability pension and could draw disability element only, in addition to service gratuity under AI 184/69. The disability element was also discontinued by CCDA(P), Allahabad since petitioner's disability was.... D/12048/294 EME Pens, dated 13.5.1993 The petitioner made several representations thereafter for grant of service element which were suitably replied to informing him that his request for service...

...holding that the respondent is entitled to service element of disability pension from the date of discharge.2. The facts in brief are that the applicant was discharged on 30...discharge, but the applicant was denied the benefit of service element of disability pension. It is the denial of this service element which led the applicant to invoke the jurisdiction of the Tribunal....3. The stand of the appellants before the Tribunal was that the applicant is not entitled to service element of disability pension as he was released on expiry of engagement...

...pension as well as service element to the applicant and since the applicant is already receiving service pension, therefore, he was entitled to only disability element and not the service element.3.... It is an admitted fact that the applicant is getting regular service pension; therefore, the service element was not to be paid to him. Though we allow this application, but we are...sorry to observe as to why the respondents are not aware that when a person is getting regular service pension, then the disability pension shall not include the service element. Learned counsel for the...

...compliance of order passed in Original Application, two P.P.O.s were issued in respect of disability element only.4. Subsequently, a fresh P.P.O. in respect of service element was...also issued in March, 2021 under the order of this Tribunal and disability element being Nil in the said P.P.O. the Bank started deducting income tax from the service element. It also appears that...pension, one for the service element issued in the month of March, 2021 and other for disability element issued in the month of July, 2021 and Bank is deducting income tax from service element which...

...Military service with disability pension, consisting of both the elements i.e. service and disability element, is entitled to get service element of pension after the benefit of disability pension..., the disability of the petitioner was attributable to and aggravated by the Military service. The petitioner was granted disability pension, consisting disability element and service element (Rs. 20...respondents to release the service element of pension to him with effect from September 20, 1969. 3. In the written statement filed by the respondents, it has been pleaded that disability...

...service element of pension. In this connection, learned counsel for petitioner invited our attention to the order passed by the Hon'ble Apex Court in case of...release the service element of pension from the date it was discontinued to petitioner and all the arrears shall be worked out within three months from today and same shall be paid to the petitioner with...12% per annum interest and service element of pension should be allowed to continue till his death. No orders as to costs....

...disability being found to be continued, PPO was issued which included disability element only, whereas applicant is entitled to service element also. He further submitted that disability pension...includes both service element as well as disability element. 4. Per contra, learned counsel for the respondents submitted that applicant's claim for the grant of service element is not...due to disability and, therefore, has been held entitled to get disability pension which includes both service element and disability element. 7. Admittedly, PPO filed by the...

...-24), and 16.5.2002 (P-5) ordering refund of the service element paid to the petitioner from 22.5.1990 to 31.1.2001, amounting to Rs. 1,49,779/-. A further prayer has been made for restraining...the respondents from recovering the amount of Rs. 1,49,779/- from the petitioner and directing them to continue paying the service element of pension to the petitioner w.e.f 1.2.2001 onward for life...the petitioner was held to be attributable to military service and he was granted disability pension consisting of service element and disability element firstly from 6.8.1953 to 6.7.1954 for one...

...petitioner and service element of disability pension has not been granted to the petitioner. 2. Learned counsel for the petitioner submits that as per rules governing the...service, disability pension consists of two elements i.e. service and disability element; irrespective of the length of service rendered by a personnel; benefit of service element is to be granted to a...even the required length of service i.e. 15 years for grant of service element has not been rendered by husband of petitioner, hence there arises no occasion so as to grant said benefit...

...mentioned in Rule 173 of the Pension Regulations for the Army, 1961 i.e. disability pension and service element of pension which reads as under:Rule 173...……“Unless Otherwise specifically provided a disability pension consisting of service element and disability element may be granted to an individual who is invalided out of service on account of a...element of pension. Rule 186 says that after an individual who was invalidated out of service with a disability attributable to or aggravated by service but assessed at below 20% shall continue to...

..., 2007 has been primarily preferred for rounding off of disability element of pension from 20% to 50% and grant of service element of Disability Pension.2. We have heard Shri P.K...Government orders. He also added that he is not eligible for service element of Disability Pension as claimed.6. As for as rounding off is concerned, the law on rounding off of disability...disability pension.”7. In view of above his disability element will stand rounded off from 20% to 50% for life.8. The prayer of service element of disability pension needs a...

...1. Petitioner by this petition has prayed that the disability pension and service element be awarded in terms of Regulation 173 read with Regulation 185(a) of Pension Regulations for Army...service element of pension with effect from 17 February, 1997 because the disability pension was discontinued from that date since his disability was brought down to 11 to 14% from 20% by the Medical...Advisor (Pension) attached with PCDA (P) Allahabad. On 5 June, 1997, despite the fact that his disability was reduced to 11-14% from 20%, he continued to receive service element of disability pension...