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SUPREME COURT OF INDIA
L. NAGESWARA RAO, HEMANT GUPTA, JJ.
Union of India & Ors. – Appellant
Versus
V.R. Nanukuttan Nair – Respondent
Civil Appeal Nos. 4714-4715 of 2012
Decided On : 07-11-2019
(A) Service Law – Disability Pension – Applicant was granted disability pension @50% on account of suffering from Viral Myocarditis post discharge but was denied benefit of service element of disability pension – A person who has completed period of engagement is entitled to disability element apart from service pension – Disability pension has two elements: disability element and service element – Disability element is in relation to extent of disability suffered by an individual whereas service element is to be granted keeping in view of rules and regulations – Service pension and service element are synonymous – Expression service element is used in case of payment of disability pension whereas, service pension is used for pension payable on account of services rendered – In present case, individual has completed his period of engagement in low medical category but not qualifying service for pension in terms of Regulation 78 of Regulations – In terms of Regulations, individuals who are invalided out of service on account of disability for reason that no alternative employment suitable to their low medical category or an individual who at the time of his release under Release Regulations is in a lower medical category, are entitled to disability pension – Purpose of Regulation 105B is to exclude dual payment of service element of disability pension, when an individual is entitled to service pension as well – In absence of such Regulation, an individual would be entitled to disability pension including service pension – It is not for Courts to remedy defect in Statute – Interpretation which advances object and purpose of grant of disability needs to be accepted being a beneficial provision for a class of individuals who have suffered disability in course of duty – Appeals dismissed. [Regulations 101, 101A and 105B of Navy (Pension) Regulations, 1964] (Paras 11, 12, 14, 16, 20 and 23)
(B) Interpretation of Statute – Casus Omissus – By judicial interpretation, words cannot be added to a statute which would include Rules, Regulations and Instructions issued under a Statute, as an excuse to give effect to its plain meaning of language of regulations – If legislature has left a lacuna, it is not open to Court to fill it on some presumed intention of legislature – But where Courts find that words appear to have been accidentally omitted, or if adopting a construction deprives certain existing words of all meaning, it is permissible to supply additional words but should not easily read words which have not been expressly enacted – Court should construct provisions harmoniously having regard to context and object of statute in which a provision appears, to make it meaningful – Attempt must always be made so to reconcile relevant provisions, so as to advance remedy intended by statute – It is not possible to read completion of qualifying service in Regulation 105B of Regulations. (Para 18)
Facts of the case:
Challenge in present appeals is to orders passed by Armed Forces Tribunal, Regional Bench, Kochi1 on 26th October, 2010 and April 12, 2011 holding that respondent is entitled to service element of disability pension from date of discharge.
Findings of Court:
In cases where disability was suffered while flying or parachute jumping, minimum service pension is appropriate to his rank and group but in all other cases, service pension is restricted to minimum of two-thirds of minimum service pension. For such reason, disability element would be in addition to the service pension by cumulative reading of Regulation 78, Regulation 105B and Regulation 107 of Regulations. Service pension is to be assessed on the basis of minimum service pension laid down for an able individual of same group in Regulation 107 of Regulations.
Result : Appeals dismissed.
JUDGMENT :
HEMANT GUPTA, J.
1. The challenge in the present appeals is to the orders passed by the Armed Forces Tribunal, Regional Bench, Kochi [for short, ‘Tribunal’] on 26th October, 2010 and April 12, 2011 holding that the respondent [hereinafter referred to as the ‘applicant’] is entitled to service element of disability pension from the date of discharge.
2. The facts in brief are that the applicant was discharged on 30th June, 1978 after completion of 10 years and 169 days of service. He was in low medical category since 1970. He was granted disability pension @50% on account of suffering from Viral Myocarditis post discharge, but the applicant was denied the benefit of service element of disability pension. It is the denial of this service element which led the applicant to invoke the jurisdiction of the Tribunal.
3. The stand of the appellants before the Tribunal was that the applicant is not entitled to service element of disability pension as he was released on expiry of engagement before completion of pensionable qualifying service of 15 years and was not invalided out of service on account of disability, though he has been paid service gratuity and death-cum-retirement gratuity.
4. The learned Tribunal relied upon Regulation 101 of Navy (Pension) Regulations, 1964[for short, ‘Regulations’] to hold that since applicant has been invalided from service on account of disability, therefore, he is entitled to full disability pension including the service element. The reliance was also placed upon Regulation 107 of the Regulations which contemplates that where the individual has not rendered sufficient service to qualify for service pension, the personnel will be entitled to proportion of the minimum service pension appropriate to the individual’s ranks and group. It is the said order passed by the Tribunal which is the subject matter of challenge in the present appeals.
5. Ms. Divan, learned Additional Solicitor General for the appellants argued that the applicant was not boarded out of service on account of disability but on account of completion of the engagement. The learned ASG traced the history of the grant of disability pension. It is submitted that disability pension was initially granted when a member of the Armed Forces could not be retained in the Force on account of disability, attributed to or aggravated by military service. Such course was creating hardship to the personnel boarded out on account of injury suffered due to military service. Therefore, the concept of disability pension was introduced. The disability pension has two components i.e. service element and the disability element. The disability element is related to disability whereas; the service element is to be granted as per the rules and regulations applicable. The qualification service for earning pension is 15 years; therefore, an individual who has not rendered 15 years of qualifying service and was not boarded out on account of disability is not entitled to service element of pension.
6. It is argued that Regulation 105B of the Regulations would be applicable if an individual is not invalided out of service on account of disability and has not opted for continuation in the Armed Forces. The said Regulation provides that on completion of period of engagement, apart from service pension admissible which is on completion of 15 years of service, a disability element is also granted.
7. It is argued that initially, the Regulations contemplated 10 years of engagement with another 10 years as reservist. Therefore, an individual would not be entitled to pension merely upon completion of 10 years of active service but would become entitled to service pension upon completion of 15 years of service including 5 years as reservist. It is argued that such situation has undergone change when on 3rd July, 1976, the Government of India contemplated 10 years as
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