Disability Pension Even on Voluntary Retirement : Supreme Court

Disability Pension Even on Voluntary Retirement

Supreme Court directed to grant Disability Pension Even on Voluntary Retirement in respect of of army officer. 

Disability Pension Even on Voluntary Retirement

In this case of Lt. Col. R.K. Rai Vs. Union of India & Ors. [Civil Appeal Nos. 3101-3102 of 2015], the appellant was commissioned in the Regiment of Artillery on 24.12.1982. In the year 1987, while performing the duty of Observation Post Officer, the appellant fell ill, who was treated in Military Hospital, Devlali. Medical Board was held on 21.01.1988, when he was placed on low medical category. Medical Board opined that disability was due to stress and strain of services. On 27.09.2000, the Medical Re-categorization Board assessed the appellant’s disability as 50%. In the year 2002, appellant was posted at Zakhama in Nagaland. Medical Re-categorization Board held on 20.09.2002 again assessed the medical disability of the appellant as 50%. On 06.02.2003, appellant applied for premature retirement. Appellant was retired on 29.07.2003. Release Medical Board held on 31.03.2004, found that the appellant was suffering from primary Hypertension, aggravated due to stress and strain of military service. Disability was assessed at 30% but his disability pension was rejected by department as well as by Armed Forces Tribunal on the ground of that he had taken voluntary retirement much before the cut off date of 01.01.2006. Being aggrieved he filed appeal before Supreme Court and the Hon’ble Supreme Court allowed his case for grant of disability pension holding that an officer is also entitled for disability pension even on voluntary retirement. Advocate Tanwar is dealing with the cases pertaining to disability pension in Armed Forces. Such cases are dealt by best armed forces tribunal lawyer in jaipur

Disability Pension is granted by Ministry of Defence to disable soldiers and officer who are suffering from disability more than 20 % and retired / discharged from service in low medical category. Disability Pension is depended on the disability recorded by Release Medical Board at the time of discharge. Such case are dealt under Entitlement Rules of Casualty Pensionary Awards, 1986 , 2008 along with Guide to Medical Officer (Military Pension) , 2002 as amended in 2008 and Relevant Pension Regulation of Army, Air Force, Navy. Such case are dealt by our team of best armed forces tribunal lawyer in Jaipur. .To know more legal information please visit to Our  Best Armed Forces Tribunal Advocate in Jaipur   & you can read more Legal News.

7 Thoughts to “Disability Pension Even on Voluntary Retirement : Supreme Court”

  1. Lt Col Ashwani Sharma (Retd.)

    Certainly this landmark judgment of Supreme Court will reduce further litigation on the similar issues. Thanks for useful information.

  2. Ex. Sepoy Vedprakash Pooniya (Sikar )

    मैं अपनी मर्जी से 9 साल की सेवा के बाद सेना छोड़ कर आया था लेकिन डिसेब्लिटी 30 % थी । क्या मैं भी केस जीत सकता हूँ । मुझे क्या करना पडेगा।

  3. Advocate Anand Tanwar

    Dear Vedprakash Ji, The issue of disability pension on discharge at own request / pre-maturement retirment is no more RES-INTEGRA. The law on this point is well settled by following cases:
    (i) Mahavir Singh Narwal vs. UOI, CW No. 2967 of 1989 decided on 05.05.2004 (Delhi High Court) in which SLP was dismissed by Supreme Court;
    (ii) Ex Naik Parmod Kumar vs. UOI & ors (Civil Writ Petition No.14417 of 2007 decided on 18.02.2009 (Punjab & Haryana High Court); and
    (iii) Col (Retd) Inder Singh Thind vs. UOI & ors (M.A. No. 8183 of 2014, decided on 06.05.2015 (Armed Forces Tribunal, Chandigarh).
    In all the above cases the disability pension has been granted by Court to the applicants. Therefore, your case is also covered by these judgments but subject to verification of your discharge book and release medical board.

  4. Sandeep Parasar

    You are talking about officer who won the case what about the lower rank soldiers. The lower ranked soldiers are not aware with the provisions of disability pension in Army, Air Force, Navy. Please upload some material which is useful for soldier, airmen, sailor of armed forces of union not only the provision of disability pension are applicable to armed forces but also para-military forces like CRPF, BSF, SSB, CISF , ITBP . Being one of the best court martial advocate of rajasthan and best disability pension advocate in Rajasthan you are requested to upload some usefull material for lower ranks soldiers.

  5. Thansk Mr. Sandeep Parasar. I will try to upload some useful judgment of Supreme Court and Armed Forces Tribunal in respect of soldiers, airmen, sailors.

  6. Ajay Toshniwal

    Sir, I have been invalided out from Air Force during my training. My disability is Primary Hypertension. Please tell me, whether any pension will be granted to me or not ?.

  7. Devender Kumar

    I completed my 19 years of army service. I was placed under Low Medical Category since 2016 for my ACL Tear ( Right Knee) injury during football match but in my release medical board it has been declared neither attributable nor aggravated by military service. Please suggest me for next action for court case in jaipur through armed forces tribunal lawyer in jaipur. Please help me.

Leave a Comment