Two-judge Bench Directs Grant of 50% Disability Pension with Arrears to Invalided Soldier; Sets Aside AFT Orders

A bench of Justices Abhay S. Oka and Ujjal Bhuyan heard an appeal under the Armed Forces Tribunal Act, 2007 challenging two orders of the Chandigarh Regional Bench of the Armed Forces Tribunal — the Tribunal’s original dismissal of the appellant’s claim for disability element of pension dated 26.02.2016 and its review dismissal dated 22.01.2018. The appeal arose from the denial of the disability element of pension to an Army veteran invalided out on medical grounds.

The Court allowed the appeals, set aside the Tribunal’s orders and directed respondents to grant the disability element of pension at the rate of 50% for life with arrears from 01.01.1996 and interest at 6% per annum, to be paid within three months. The Court held that where there was no record of a disease at the time of entry into service, the statutory presumption operated that the disease arose in service and the employer bore the burden of proving otherwise; consequently, the Tribunal’s focus on the percentage assessed at the Invaliding Medical Board without examining attribution/aggravation or providing reasons was legally unsustainable. The Court, in its reasoning, observed: “If there is no note or report of the Medical Board at the time of entry into service that the member suffered from any particular disease, the presumption would be that the member got afflicted by the said disease because of military service. Therefore, the burden of proving that the disease is not attributable to or aggravated by military service rests entirely on the employer. Further, any disease or disability for which a member of the armed forces is invalided out of service would have to be assumed to be above 20% and attract grant of 50% disability pension.” The Court directed compliance within three months and ordered payment of arrears with 6% interest.

Background Bijender Singh was enrolled in the Army on 30.09.1985 and was invalided out w.e.f. 14.08.1989 in low medical category for generalized tonic clonic seizure, the Invaliding Medical Board (12.07.1989) assessing disability at 15% for two years and holding it “not attributable to or aggravated by military service.” Subsequent Re‑Survey Medical Boards (1993, 1998, 2002) assessed the disability at 15–19% and observed it to be lifelong. The appellant claimed onset during Siachen posting in 1988 and sought re‑grading, rounding and grant of disability element (50%) from 01.01.1996; respondents rejected representations and a Tribunal order dated 26.02.2016 dismissed his O.A. No. 3977 of 2013 on the ground that disability was under 20%. A review application was dismissed on 22.01.2018.

On appeal to this Court, counsel argued that the Tribunal erred by not applying settled principles from this Court’s precedents (notably Dharamvir Singh, Rajbir Singh, K.J.S. Buttar and others) establishing: a presumption of sound health at entry absent a recorded defect; that deterioration found subsequently was to be presumed due to service; the onus to rebut lay on the employer; and that medical boards must state cogent reasons if a disease could not have been detected at entry. The respondents relied on the medical boards’ findings and the disability percentages assessed.

The Court analysed Regulation 173 and Regulation 183 of the Pension Regulations, 1961 and the Entitlement Rules (Appendix II), and relevant Ministry of Defence instructions (including those dated 31.01.2001 and 20.07.2006). It held that the Tribunal improperly confined itself to the percentage assessed and did not engage with the statutory presumptions and the employer’s burden to provide reasons negating attribution/aggravation. The Court applied settled precedent that beneficial pensionary provisions must be liberally construed and that a member invalided out of service would, absent contrary reasoned findings, attract disability pension on the principles articulated in Dharamvir Singh and subsequent decisions. The Court set aside the Tribunal’s orders and directed grant of the disability element at 50% from 01.01.1996 for life, with arrears and interest.

Case Details: Case No.: Civil Appeal Nos. 4458-4459 of 2024 Case Title: Bijender Singh v. Union of India & Ors. Appearances: For the Petitioner(s): Counsel’s names not specified in the reported judgment For the Respondent(s): Counsel’s names not specified in the reported judgment