DEEPAK GUPTA, J. - (1.) The short question involved in this appeal filed by the Union of India is whether disability pension is at all payable in case of a Air Force Officer who superannuated from service in the natural course and whose disability is less than 20%.
(2.) We may make reference to the Defence Service Regulations Pension Regulations for the Air Force, 1961.Regulations 37(a) and (b) under the heading "Disability Pension ­ when admissible" read as follows : "37(a) An officer who is retired from air force service on account of a disability which is attributable to or aggravated by such service and is assessed at 20 percent or over may, on retirement be awarded disability pension consisting of a service element and a disability element in accordance with the regulations in this section. (b) The question whether a disability is attributable to or aggravated by air force service shall be determined under the regulations in Appendix II."
(3.) A bare reading of the aforesaid provision makes it clear that an officer of the Air Force who retires on attaining the age of superannuation is entitled to disability pension only if disability is assessed at 20% or above. Furthermore, this disability must be attributable or aggravated by service rendered in the Air Force.;