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SUPREME COURT OF INDIA
(From the Armed Forces Tribunal)
L. NAGESWARA RAO, B.R. GAVAI, JJ.
Pani Ram – Appellant
Versus
Union of India and Others – Respondents
Civil Appeal No. 2275 of 2019
Decided On : 17-12-2021
Pension Regulations for Army, 1961 – Regulation No. 292 – Disability Pension – Every such officer or enrolled person in Territorial Army when holds rank, shall be subject to provisions of Army Act, 1950 and rules or regulations made thereunder, equivalent to same rank in Regular Army – Grant of pensionary awards to members of Territorial Army shall be governed by same rules and regulations as are applicable to corresponding persons of Army except where they are inconsistent with provisions of regulations in said chapter – 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 – Other officers or enrolled persons working in Territorial Army are entitled to disability pension under Regulation No. 173 read with Regulation No. 292 of Pension Regulations for Army, 1961 – When appellant is enrolled as a member of ETF which is a company for 130 Infantry Battalion (Territorial Army), no reason as to why appellant was denied disability pension – Specifically so, when Medical Board and COI have found that injury sustained by appellant was attributable to Military Service and it was not due to his own negligence – AFT was not justified in rejecting claim of appellant – Respondents directed to grant disability pension to appellant in accordance with rules and regulations as are applicable to Members of Territorial Army with effect from 1st January 2012 – Respondents directed to clear arrears from 1st January 2012 within a period of three months with 9% interest. [Section 9(1) of Territorial Army Act, 1948] (Paras 14, 16, 18, 20, 21 and 25)
Facts of the case:
Present appeal challenges the judgment and order dated 10th October 2018 passed by Armed Forces Tribunal, Regional Bench, Lucknow (“AFT”), vide which the O.A. No. 149 of 2018 filed by the appellant for grant of disability pension came to be dismissed. Appellant also challenges the order dated 31st October 2018 passed in M.A. No. 1839 of 2018 in O.A. No. 149 of 2018, vide which though, the application for leave to appeal was allowed, but the AFT framed a different question of law.
Findings of Court:
Right to Equality guaranteed under Article 14 of the Constitution of India would also apply to a man who has no choice or rather no meaningful choice, but to give his assent to a contract or to sign on the dotted line in a prescribed or standard form or to accept a set of rules as part of the contract, however unfair, unreasonable and unconscionable a clause in that contract or form or rules may be.
Result : Appeal allowed.
JUDGMENT :
B.R. GAVAI, J.
1. The appeal challenges the judgment and order dated 10th October 2018 passed by the Armed Forces Tribunal, Regional Bench, Lucknow (hereinafter referred to as “AFT”) vide which the O.A. No. 149 of 2018 filed by the appellant for grant of disability pension came to be dismissed. The appellant also challenges the order dated 31st October 2018 passed in M.A. No. 1839 of 2018 in O.A. No. 149 of 2018, vide which though, the application for leave to appeal was allowed, but the AFT framed a different question of law.
2. The facts in brief giving rise to the present appeal are as under:
3. As per Regulation No. 520 of the Regulations for the Army, 1987, a Court of Inquiry (hereinafter referred to as “CoI”) was held from 13th November 2009 onwards to investigate into the circumstances under which the appellant had sustained injury. The CoI found that the injury sustained by the appellant was attributable to military service and it was not due to his own negligence. The said finding of CoI was duly approved by the Station Commander Respondent No. 3, on 11th January 2010. On 25th October 2010, a re-categorization Medical Board was held at ALC, which maintained appellant’s disability at 80% and declared it as attributable to military service. Subsequently, on the basis of the opinion of the Invaliding Medical Board (hereinafter referred to as ‘IMB’) on 1st January 2012, the appellant was invalided out of service with 80% disability which was attributable to military service.
4. The appellant, therefore, approached AFT for grant of disability pension as is applicable to the personnel of Regular Army, in accordance with Regulation No. 292 of the Pension Regulations for the Army, 1961. The claim of the appellant was resisted by the respondents on the ground that the appellant, after discharging from mechanized infantry as a pensioner, was reenrolled in 130 Infantry Battalion (Territorial Army), Ecological Task Force, Kumaon, on 1st August 2007 as an Ex-Serviceman (ESM). The claim of the appellant has been denied by the respondents on the ground that the appellant was not entitled to any pensionary benefits in view of the letter of the Government of India, Ministry of Defence, dated 31st March 2008.
5. The AFT though held, that the injury sustained by the appellant which resulted into 80% disability was found by the competent authority to be aggravated and attributable to the military service, rejected the claim of the appellant on the ground that a separate scheme and servic
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 t....
Disability Pension – Question of entitlement of soldier to disability pension cannot be determined on the basis of medical examination conducted 20 years after his discharge from service.
Appeal Medical Board being the expert body which takes all factors into account, its opinion has to be given weight.
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