Supreme Court grants disability pension to soldier 36 years after release

Thirty-six years after a young soldier was released from the Army on medical grounds but denied disability pension, he has been granted his due benefits following judicial intervention by the Supreme Court.

In a detailed exposition of disability law today, the top court, while reiterating that “the morale of the armed forces requires absolute and undiluted protection”, held him entitled to disability pension with arrears from 1996 along with 6 per cent interest.

Bijender Singh was discharged from the Army Air Defence Regiment after he began suffering from ‘seizures’, but was refused disability pension on the grounds that his medical condition was unconnected to military service and less than 20 per cent

A case filed by him before the Chandigarh Bench of Armed Forces Tribunal (AFT) was also dismissed. In his appeal before the Supreme Court, he had contended that as per law laid down by the apex court, any disability incurred while in service was ordinarily deemed to be service-connected unless it was recorded by the medical board that it had existed prior to entering service.

Further, while minimum disability of 20 per cent was required to claim disability pension by those who were superannuated or discharged on completion of terms of engagement, the 20 percent requirement was abrogated for those who were discharged on medical grounds.

Agreeing with the contention, the top court has reiterated that “the burden would be on the employer to rebut the presumption that the disability suffered was neither attributable to nor aggravated by military service. If the Board is of opinion that the disease suffered could not have been detected at the time of entry into service, it has to give reasons for saying so.”

The top court also agreed with the contention that another bench of the same tribunal with a common member in the case of one Mahal Singh had granted relief while the similar case of the appellant was dismissed.

The court has also ruled that full arrears of disability pension would flow from 1996 with 6 per cent interest since the top court had already held in a previous judgment that such arrears would flow from 1996, even for pre-1996 retirees.

India