An officer is entitled to a disability pension if he is invalidated due to a disability that is related to or aggravated by military service and is assessed and accepted at 20% or more. The disability pension is made up of two parts: the Service Element and the Disability Element. The service component is equivalent to the calculated retirement pension.
Can a disability pension be granted to a soldier if they have sustained disability through an accident suffered while on annual leave?
The Supreme Court has held that under Regulation 179 of the Pension Regulations for the Army, 1961, a disability pension can only be granted to personnel if they are suffering from a disability that can be attributed to or caused by military service. A member of the Armed Forces cannot be granted a disability pension if they sustained disability when they were on annual leave at their home town in a road accident.
Supreme Court of India
Union Of India & Ors vs Jujhar Singh on 15 July, 2011 Bench: P. Sathasivam, A.K. Patnaik
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4281 OF 2006
Union of India & Ors. .... Appellant (s)
Versus
Jujhar Singh Respondent(s)
J U D G M E N T
P. Sathasivam, J.
1) This appeal by Union of India is directed against the final judgment and order dated 04.01.2002 passed by the High Court of Punjab and Haryana at Chandigarh in L.P.A. No. 5 of 2002 WHEREBY the Division Bench of the High Court dismissed their appeal in limine.
2) Brief facts:
(a) The respondent was enrolled in the Army on 27.06.1978. In the year 1987, when he was on annual leave to his native place, he met with an accident on 26.03.1987 and sustained severe injuries and was admitted in the hospital from 26.03.1987 to 20.01.1989.
Subsequently, he was admitted in Military Hospital, Dehradun and after treatment was placed in medical category BEE (Permanent) and percentage of disability was ascertained as 20%. After he joined the duty, he was kept under observation by the Medical Board and his disability was assessed as 60% for two years. The Medical Board also opined that the disability was neither attributable to nor aggravated by the military service.
(b) The respondent was superannuated from service w.e.f. 01.07.1998 and he was granted normal service pension. He made a representation before the authorities claiming disability pension on the ground that he was having disability on the date of retirement. The representation was rejected by the authorities.
(c) Against the rejection of disability pension claim, the respondent preferred a writ petition being
C.W.P. No. 14290 of 1999 before the High Court of Punjab and Haryana. Learned Single Judge of the High Court, by order dated 20.07.2001, allowed the writ petition by holding that the respondent herein is entitled for disability pension under Regulation 179 of the Pension Regulations for the Army, 1961 (hereinafter referred to as "the Regulations").
(d) Challenging the said order, the appellants herein preferred L.P.A. No. 5 of 2002 before the Division Bench of the High Court. The Division Bench, by impugned judgment dated 04.01.2002, dismissed the appeal in limine. Aggrieved by the said judgment, the appellants preferred this appeal by way of special leave petition before this Court.
3) Heard Mr. R. Balasubramaniam, learned counsel for the appellant-Union of India and Mr. Jujhar Singh respondent, who appeared in person.
4) The questions that arise for consideration in this appeal are:
(a) Whether the case of the respondent for disability is covered under Regulation 179 of the Pension Regulations for the Army (Part I) 1961?
(b) Whether the disability in an accident suffered by the respondent during his annual leave while doing his personal work would amount to the disability attributable to or aggravated by military service?
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Regulation 179 of the Pension Regulations for the Army, 1961, determines the disability pension at the time of retirement or discharge. It states that an individual retired or discharged on completion of tenure or on completion of service limits or on completion of terms of engagement or on attaining the age of 50 years, if found suffering from a disability attributable to or aggravated by military service and recorded by Service Medical Authorities, shall be deemed to have been invalided out of service and shall be granted disability pension from the date of retirement.
Pension Regulations have been laid down to easily determine the amount of pension payable to a retiring army officer. There are a lot of conditions that precede the granting of a disability pension to a person. Often, there can be an error in determining the right amount of pension payable or a misinterpretation of the abovestated conditions. This can lead to the grant of a disability pension being challenged in a court or tribunal. Therefore, it is recommended to engage the services of a civil lawyer who can strategize your case.
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