IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

Civil Appeal No of 2022 [Diary No 12154/2022]

Union of India and Others Appellants

Versus

Naginder Singh Respondent

O R D E R

• 1 Leave to appeal is granted.
• 2 The Armed Forces Tribunal by its impugned judgment dated 6 March 2020 has allowed the OA and granted 'invalid pension' to the respondent from the date of his discharge from service.
• 3 Ms Madhavi Divan, Additional Solicitor General submits that the respondent was invalidated under Rule 13(3)(iii)(v) and not on medical grounds and hence he would not be entitled to the benefit of Rule 58 of the Pension Regulations for the Army 2008 Part-I.
• 4 The Armed forces Tribunal has essentially allowed the leave for the grant of 'invalid pension' on humanitarian grounds which have been spelt out in

paragraph 7 of the impugned judgment.

• 5 Having regard to these special facts and circumstances pertaining to the respondent, we are of the view that the ends of justice would be met by confirming the direction for the grant of invalid pension with the clarification that the impugned judgment of the Armed Forces Tribunal dated 6 March 2022 in OA No 956 of 2016 shall not be construed to have decided any question of law. The decision shall not be treated as a precedent on any question of law in future. Moreover, the disposal of the appeal by this Court shall not be construed as an endorsement by this Court on any aspect of law which may have been alluded to by the AFT.
• 6 Subject to the aforesaid clarification, the appeal is disposed of.
• 7 Pending applications, if any, stand disposed of.

…....…...….......………………........J. [Dr Dhananjaya Y Chandrachud]

…....…...….......………………........J. [A S Bopanna]

New Delhi; August 8, 2022 CKB

ITEM NO.2 COURT NO.3 SECTION XVII

U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

CIVIL APPEAL Diary No.12154/2022

(Arising out of impugned final judgment and order dated 06-03-2020 in OA No.956/2016 passed by the Armed Forces Tribunal)

UNION OF INDIA & ORS. Petitioner(s)

VERSUS

NAGINDER SINGH Respondent(s)

(With IA No.71991/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.71988/2022 - EX-PARTE STAY and IA No.71987/2022- LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007)

Date : 08-08-2022 These matters were called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE A.S. BOPANNA

For Petitioner(s) Ms. Madhavi Divan, ASG Ms. Nidhi Khanna, Adv. Ms. Sakshi Kakkar, Adv. Mr. Amit Sharma, Adv. Mr. Arvind Kumar Sharma, AOR

For Respondent(s)

3

UPON hearing the counsel the Court made the following O R D E R

• 1 Leave to appeal is granted.
• 2 The appeal is disposed of in terms of the signed order.
• 3 Pending applications, if any, stand disposed of.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master (Signed order is placed on the file)