Unless disability is attributable to military service, entitlement to disability pension does not arise: Top Court

The Supreme Court on Monday clarified that unless the disability of an army man is attributable to or aggravated by military service and is more than 20%, the entitlement to disability pension does not arise.

Court made this observation while allowing a appeal filed by Union of India having taken an exception to the judgment and order of the Armed Forces Tribunal, Chandigarh Bench, directing them to release the disability pension quantified at 80% disability for life to one Ram Singh from the date of his discharge from military service.

In 1999, after Singh was granted annual leave, he proceeded to Kishanpura. While on leave, on 8th November 1999, he suffered an accident. While crossing the road, he was hit by a speedy scooter and sustained head injuries and became unconscious.

The Medical Board assessed the percentage of his disability at 80% and placed Singh in low medical category (EEE). On that ground, Singh was invalidated out of service from 28th September 2000.

Singh applied for disability pension and the Tribunal, while allowing his plea, held that if an individual sustains an injury during the period of any kind of authorized leave and his act was not inconsistent with Military service, his disability is deemed to be attributable to Military service.

A Supreme Court bench of Justice Abhay S Oka and Justice MM Sundresh relied on Regulation 173 of the Pension Regulations for the Army, 1961 and Rule 12 of the Entitlement Rules for Casualty Pensionary Awards, 1982.

Further reliance was placed on Rule 12, which defined ‘Duty’. Clause (d) of Note 2 which is a part of Rule 12 further clarified that personnel while travelling between the place of their duty to leave station and vice­ versa, shall be treated on duty.

"It is not the case made out by the respondent that the accident occurred when he was travelling to leave station. It happened after he reached the leave station. Unless the disability is attributable to or aggravated by military service and is more than 20%, the entitlement to disability pension does not arise", the bench added.

Thus, while setting aside the order passed by the AFT Chandigarh bench, court held,

"In the present case, as noted earlier, two days after the respondent reached the leave station, he met with an accident on a public road. There is absolutely no nexus between the Military service and injuries sustained by the respondent. There is not even a causal connection. The Tribunal has completely overlooked this aspect which goes to the root of the matter."

Case Title: UNION OF INDIA & ORS. vs. EX. NAIK RAM SINGH