Invalidity of military discharge order does not justify refund of military pension paid to veteran.

The Supreme Court dismissed the cassation appeal filed by the Military Pension Office against a lower court ruling that rejected a refund claim. The appellant argued that declaring a veteran's discharge order invalid should trigger a duty to return the pension received during the subsequent service period. The court held that the invalid discharge order, despite being flawed, had created a new legal situation that resulted in the veteran acquiring the right to the pension. Consequently, the pension was not considered improperly received under the relevant statute, and the refund claim lacked legal basis.