BEERMATI DEVI Vs. UNION OF INDIA & ORS
HIGH COURT OF DELHI
Union of India And Ors
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(1.) Rule D.B.
(2.) Having heard learned Counsel for the parties in detail, we proceed to decide these Writ Petitions.
(3.) The disability in the present case occurred prior to 1973. The relevant extant Rule 186 of the Pension Regulations for the Army 1961 (Part-I & II) reads as follows.
"(1) An individual who is invalided out of service with a disability attributable to or aggravated by service but assessed at below 20 per cent shall be entitled to service element only.
(2) An individual who was initially granted disability pension but whose disability is reassessed at below 20% subsequently shall cease to draw disability element of disability pension from the date it falls below 20 per cent. He shall however continue to draw the service element of disability pension.";
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