Supreme Court holds medical board opinion without reasons unsustainable; directs grant of disability pension in schizophrenia case

A bench of Justices Nongmeikapam Kotiswar Singh and Abhay S. Oka heard the civil appeal challenging the Armed Forces Tribunal, Regional Bench, Kochi order dated 17.01.2013 which refused disability pension to a former sepoy invalided out of service on account of schizophrenia.

The Court allowed the appeal, set aside the orders rejecting disability pension and directed that the appellant be granted disability pension with immediate effect (but without arrears except for the last three years), while not disturbing the order of medical invalidation. The Court emphasised that medical findings must disclose reasons and recorded that a medical opinion devoid of reasons "would strike at the root of the action taken by the authority and such action cannot be sustained in law." The Court, in its reasoning, observed: “Accordingly, in our opinion, if the serviceman is discharged from service or denied the disability pension on the basis of a medical opinion which is devoid of reasons, it would strike at the root of the action taken by the authority and such action cannot be sustained in law.” The judgment further noted the statutory position that "the opinion of the Medical Board/medical officer, insofar as it relates to the actual cause of the disability or death and the circumstances in which it originated will be regarded as final."

Background

The appellant Rajumon T.M. enlisted in the Army on 17.11.1988 and was invalided out on 18.05.1998 after an Invalidating Medical Board (IMB) on 30.03.1998 diagnosed schizophrenia, assessed the disability at 30% for two years, and recorded that the disease was a "constitutional personality disorder" not attributable to or aggravated by military service. The Principal Controller of Defence Accounts (Pension) rejected his claim for disability pension by order dated 04.01.1999; the First Appellate Committee dismissed his appeal on 22.05.2000; the Armed Forces Tribunal dismissed OA No.100 of 2011 on 17.01.2013. The appellant had contended that he was fit at enrolment and that the disease arose during service.

The Supreme Court analysed Regulation 173 of the Pension Regulations for the Army, 1961, Appendix II and Regulation 423 of the Regulations for Medical Services for Armed Forces (1983), which require that attributability or aggravation be established and that the Medical Board specify reasons for its opinion. The Court examined the original AFMSF-16 Medical Board proceedings and found Parts II and III largely blank, with clinical details and reasons omitted though the Board had concluded the condition was constitutional. The Court held that reasons were "crucial, critical, decisive and necessary" under Regulation 423(d) because the Medical Board's opinion forms the material basis for discharge and pension decisions. The Court adopted a liberal approach in social-security-type benefits, particularly in schizophrenia cases where cognitive impairment may impede a serviceman's ability to contest findings, and relied upon precedents including Keshar Singh, Surinder Singh Rathore, A.V. Damodaran and Veer Pal Singh. Finding the medical opinion arbitrary for lack of reasons, the Court declined to remit the matter after 27 years and directed immediate grant of disability pension (without back arrears except for three years), while leaving the discharge intact. The appeal was allowed and the impugned orders set aside.

Case Details: Case No.: CIVIL APPEAL No.998 OF 2025 (@ DIARY NO. 20836 OF 2022) | 2025 INSC 644 Case Title: Rajumon T.M. v. Union of India & Ors. Appearances: For the Petitioner(s): Not indicated in the judgment For the Respondent(s): Not indicated in the judgment