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Judgment
Percentage of disability as assessed by
invaliding medical board","Percentage to be reckoned for computing of
disability element
Less than 50,50
Between 50 and 75,75
Between 76 and 100,100
less than 20%, disability pension cannot be granted and question of rounding off of the same to 50% does not arise. As such, the order passed by the",
AFT was set aside and the appeal preferred by the Union of India was allowed.,
In the instant case also, the mere fact that the earlier categorisation and re-categorisation Boards during his service life assessed the percentage of",
disability as 20% in the year 2001 and 2003 does not mean that the degree of disability, which was only a fracture (Avulsion Fracture Tuberosity (Rt)",
Calcaneum), will continue to be the same. It is common experience that by passage of time, fractures get healed up and therefore, when the Release",
Medical Board conducted medical examination of the applicant in 2005, his percentage of disability was assessed as 11-14%. This assessment of the",
Medical Board has not been challenged by the applicant.,
That being so, since the disability is less than 20%, therefore, the applicant is not entitled for disability element of pension. Accordingly, we hold",
that the OA lacks merit and is accordingly dismissed with no order as to costs.,
Pronounced in open Court on 11th February, 2020.",