Supreme Court upheld grant of Disability Pension to Soldiers

Supreme Court upheld grant of Disability Pension

Supreme Court upheld grant of Disability Pension and directed to Ministry of Defence to release disability pension as per judgments. 

Supreme Court upheld grant of Disability Pension 

The Hon’ble Supreme Court in Union of India & ANR. Vs. Rajbir Singh & Ors has dismissed various appeal filed by Union of India challenging the decision of Armed Forces Tribunals and upheld the grant of disability pension to soldiers. These appeals arise out of separate but similar orders passed by the Armed Forces Tribunal holding the respondents entitled to claim disability pension under the relevant Pension Regulations of the Army. The Tribunal has taken the view that the disability of each one of the respondents was attributable to or aggravated by military service and the same having been assessed at more than 20% entitled them to disability pension. The appellant-Union of India has assailed that finding and direction for payment of pension primarily on the ground that the Medical Boards concerned having clearly opined that the disability had not arisen out of or aggravated by military service, the Tribunal was not justified in taking a contrary view. Adv. Anand Tanwar is one of the best medical Pension advocate in Jaipur who brought a very good judgment for readers.

2.  The following case were considered in the subject case with various appeals with reference to various disabilities.

Case No.              Name of the Respondent            Nature of Disease/Disability        Percentage of Disability determined

C.A. No. 2904/2011          Ex. Hav. Rajbir Singh       Generalized Seizors        20% for 2 years.

C.A. No. 5163/2011          Ex. Recruit Amit Kumar  Manic Episode (F-30).    40% (Permanent)

C.A. No. 5840/2011          Hony. Flt. Lt. P.S. Rohilla                Primary Hypertension.  30%

C.A. No. 7368/2011          Ex. Power Satyaveer Singh          Diabetes Mellitus (IDDM) ICD E 10.9.       40% (Permanent).

C.A. No. 7479/2011          Ex. Gnr. Jagjeet Singh    1. Non-Insulin Dependent Diabetes Melllitus (NIDDM). 20% each and composite disability

                                2. Fracture Lateral Condyl of Tibia with fracture neck of Fibula left.           40% (Permanent).

C.A. No. 7629/2011          Ex. Rect. Charanjit Ram Mal-descended Testis (R) with Inguinal hernia.  60% (Permanent).

C.A. No. 5469/2011          Jugti Ram (through LR)  Schizophrenic Reaction (300)      80%

C.A. D. No. 16394/2013  HavaldarSurjit Singh        Neurotic Depression V-67.           40% for 2 years.

C.A. No. 2905/2011          Ex. Naik Ram Phai            Otosolerosis (Rt.) Ear OPTD         20%

C.A. No. 10747/2011       Sadhu Singh       Schizophrenia    20% for 2 years.

C.A. No. 11398/2011       Rampal Singh     Neurosis (300.   20% for 2 years.

C.A. No. 183/2012            Raj Singh              Neurosis              30%.

C.A. No. 167/2012            Ranjit Singh        Other Non-Organic Psychosis (298, V-67)              20% for 2 years.

C.A. No. 5819/2012          Ex. Sub. Ratan Singh       Primary Hypertension    30% (Permanent)

C.A. No. 5260/2012          Ex. Sep. Tarlochan Singh               Epilepsy (345)    Less than 20%

C.A. No. 10105/2011       Harbans Singh   1.Epilepsy (345)                20% each and

                                2. High Hyper-metropia Rt. Eye with partial Amblyopia.  composite disability 40% for 2 years.

C.A.NO…..OF 2015 (@ SLP(C) No. 27220/2012)   Balwan Singh     Personality Disorder       60%

C.A.NO…..OF 2015 (@ SLP (C) No. 32190/2010)  Sharanjit Singh  Generalized Tonic Clonic Seizure, 345 V-64.          Less than 20%

C.A. No. 5090/2011          Abdulla Othyanagath     Schizophrenia    30%

C.A.NO……..OF 2015 (@ SLP (C) No. 26401/2010)              Sqn. Ldr. Manoj Rana     1. Non-Organic Psychosis             40%

                                2. Stato-Hypatitis            

C.A. No. 2279/2011          Labh Singh          Schizophrenia    30% for 2 years.

C.A. No. 5144/2011          Makhan Singh   Neurosis (300-Deep)      20%

C.A. No. 14478/2011       Ajit Singh             Idiopathic Epilepsy (Grandmal)  20%

C.A.NO…….OF 2015 (@ SLP (C) No. 15768/2011)                ManoharLal        Renal Calculus (Right)     20%

C.A. No. 3409/2011          Major Man Mohan Krishan          IHD (Angina Pectoris)     Less than 20%

C.A. No. 1498/2011*       Ex. Sgt. Suresh Kumar Sharma   

                             1.Generalized Seizors       70% (permanent)

                                2. Inter-vertebral Disc Prolapse

                                3.PIVD C-7-D, (Multi-Disc Prolapse)        

C.A. No. 5414/2011          Rakesh Kumar Singla      Bipolar Mood Disorder  20% for 5 years.

The operative part of judgment is reflected in para 16 of the judgment  which is appended below ;-

16. Applying the above parameters to the cases at hand, we are of the view that each one of the respondents having been discharged from service on account of medical disease/disability, the disability must be presumed to have been arisen in the course of service which must, in the absence of any reason recorded by the Medical Board, be presumed to have been attributable to or aggravated by military service. There is admittedly neither any note in the service records of the respondents at the time of their entry into service nor have any reasons been recorded by the Medical Board to suggest that the disease which the member concerned was found to be suffering from could not have been detected at the time of his entry into service.

The initial presumption that the respondents were all physically fit and free from any disease and in sound physical and mental condition at the time of their entry into service thus remains unrebutted. Since the disability has in each case been assessed at more than 20%, their claim to disability pension could not have been repudiated by the appellants.

See also. 

Disability Pension for Diabetes Mellitus

Reference :

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