Territorial Army Act, 1948 – Section 9 – Pension Regulations for the Army, 1961 – Regulation Nos. 292 and 173 – A member of the Territorial Army would be entitled to disability pension.
Constitution of India – A Right to Equality guaranteed under Article 14 would also apply to a man who has no choice or rather no meaningful choice, but to give his assent to a contract or to sign on the dotted line in a prescribed or standard form or to accept a set of rules as part of the contract, however unfair, unreasonable and unconscionable a clause in that contract or form or rules may be.
Constitution of India – In case of conflict between what is stated in internal communication between the two organs of the State and the Statutory Rules and Regulations, the Statutory Rules and Regulations would prevail.
Question of Law
Whether the terms and conditions of service of a member of the Territorial Army (TA) during the period of his embodiment with the T.A. will be governed by the statutory rules which provide for grant of ‘disability pension’ or by the departmental orders which deny the grant of the disability pension to the members of a particular unit of the T.A. to which such individual belongs ?
Case Law Reference
- Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly, (1986) 3 SCC 156
Case Link : https://pdf.caselaw.in/sc/2021/12/890/