Individual who is invalided out of service on account of disability, which is attributable to Military Service in non-battle casualty and is assessed 20% or more, is entitled to disability pension: SC

Read Judgment: Pani Ram vs. Union of India & Others

Pankaj Bajpai

New Delhi, December 20, 2021: The Supreme Court has ruled that an individual who is invalided out of service on account of disability, which is attributable or aggravated by Military Service in non-battle casualty and is assessed 20% or more, would be entitled to disability pension. 

The Union of India (Respondents) are not in a position to point out any rules or regulations, which can be said to be inconsistent with Regulation No. 292 or 173, neither has any other regulation been pointed out, which deals with the terms and conditions of service of Ecological Task Force (ETF), added the Court. 

A Division Bench of Justice L. Nageswara Rao and Justice B.R. Gavai therefore observed that ETF is established as an additional company for 130 Infantry Battalion of Territorial Army, and hence, officers or enrolled persons working in the Territorial Army are entitled to disability pension under Regulation No. 173 read with Regulation No. 292 of Pension Regulations for the Army, 1961. 

The observation came pursuant to an appeal challenging the order passed by the Armed Forces Tribunal, Regional Bench, Lucknow (AFT), whereby Pani Ram’s (Appellant) claim for grant of disability pension came to be dismissed. 

The Apex Court found that it was the specific case of Respondent that separate terms and conditions were provided by it through the communication dated March 31, 2008, which provided that the members of ETF would not be entitled for disability pension. 

As per Chapter 5 of the Pension Regulations for the Army, 1961, the grant of pensionary awards to the members of the Territorial Army shall be governed by the same rules and regulations as are applicable to the corresponding persons of the Army except where they are inconsistent with the provisions of regulations in the said chapter, added the Court.

Speaking for the Bench, Justice Gavai observed that when the appellant is enrolled as a member of ETF which is a company for 130 Infantry Battalion (Territorial Army), there is no reason as to why the appellant was denied the disability pension. 

Specifically so, when the Medical Board and COI have found that the injury sustained by the appellant was attributable to the Military Service and it was not due to his own negligence, added the Division Bench.

Justice Gavai observed that in case of conflict between what is stated in internal communication between the two organs of the State and the Statutory Rules and Regulations, it is needless to state that the Statutory Rules and Regulations would prevail.

In that view of the matter, the AFT was not justified in rejecting the claim of the appellant, concluded the Bench. 

The Apex Court therefore directed the respondents to grant disability pension to the appellant in accordance with the rules and regulations as are applicable to the Members of the Territorial Army with effect from January 1, 2012.