Union Of India Through Secretary To Government Of India v. Hawa Singh Sangwan And Another
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"19) In view of the principles of interpretation relating to Casus Omissus, we find that a reading of the Regulations does not lead to an inference that the service element should be limited to an individual who has completed minimum 15 years of engagement. Regulation 78 cannot be read into Regulation 105B when no such qualification is provided in Regulation
105B. "Regulation 78 #&
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By the present set of appeals the appellant(s) raise the question, whether or not, an individual, who has retired on attaining the age of superannuation or on completion of his tenure of engagement, if found to be suffering from some disability which is attributable to or aggravated by the military service, is entitled to be granted the benefit of rounding!off of disability pension. The appellant(s) herein would contend that, on the basis of Circular No. 1(2)/97/D(Pen!C) issued by the Ministry of Defence, Government of India, dated 31.01.2001, the aforesaid benefit is made available only to an Armed Forces Personnel who is invalidated out of service, and not to any other category of Armed Forces Personnel mentioned hereinabove.
5.
We have heard learned counsel for the parties to the lis.
6.
We do not see any error in the impugned judgment(s) and order(s) and therefore all the appeals which pertain to the concept of rounding!off of the disability pension are dismissed, with no order as to costs.
7.
The dismissal of these matters will be taken note of by the High Courts as well as by the Tribunals in granting appropriate relief to the pensioners before them, if any, who are getting or are entitled to the disability pension."
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aarti Whether speaking/reasoned :
Yes Whether reportable : No