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Judicial Approach In Grant of Pensionary Benefits to Army Personnel who are Dismissed Under the Army Act

Relevant Provisions Regarding Grant of/Forfeiture of Pension Under Pension Regulation 1961

Judicial Trend In Grant of Pension To Cashieredidis Missed Personnel Under Army Act

Stage- II
"If Court Martial Has Not Passed A Sentence of For Feiture of Pension then Pension has to be Paid" Reliance on maj Gssodhi's Case"

Following Maj OS Sodhi's case, various High Courts granted relief's to petitioners on the ground that Courts Martial though competent, have not awarded the sentence of forfeiture of pension under Sec 71 (h) of the Army Act. The view taken was that if Court Martial, which tried the petitioner, did not forfeit service for pension then under Reg 16 (a) or 113 (a) of Pension Regulations for the Army 1961 (Para 1) pension cannot be forfeited. This trend continued for some time.

Stage - I I I

Pension Can Be Forfeited Under Pension Regulation For The Army 1961 Part-I Even If Court Martial has not awarded punishmet of Forfeiture of Service For Pension.

Malhotra, Challenged and Matter Pending in Supreme Court:

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