IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3086 OF 2012

BALBIR SINGH APPELLANT(S)

VERSUS

UNION OF INDIA & ORS. RESPONDENT(S)

O R D E R

This appeal arises out of a judgment and order dated

14^th December, 2010 passed by the Armed Forces Tribunal,

Chandigarh, Regional Bench, at Chandimandir whereby the

Tribunal has while allowing T.A. No.674 of 2010 directed

that arrears of service element of the pension payable to

the appellant shall be limited to three years only

starting from 15.07.2006.

The appellant was enrolled as a Clerk JD-II in the

Indian Army on 25.10.1966. He appears to have contracted

Pulmonary Tuberculosis while in service and was on that

ground invalided out with a permanent disability assessed

at 100%. Both service and disability pension were however

granted to him.

After his discharge from the Army, he was re-surveyed

medically and his disability found to have gradually

decreased to less than 20%. This reduced disability was

taken as a ground for stoppage of not only the disability

Digitally signed by

ASHOK RAJ SINGH

Date: 2016.04.25

19:34:14 IST

Reason:

Signature Not Verified

pension but even the service element of the pension

payable to the appellant. Aggrieved, the appellant

appears to have filed Writ Petition No.1810 of 2008 before

the High Court which was disposed off on 11.12.2008 with a

direction

to

the

respondents

to

decide

his

representation/legal notice. In compliance with the said

direction the respondents appear to have examined the

matter and held that since the disability had been

assessed at less than 20% with effect from 15.01.1985, the

disability pension had to be discontinued. The matter was

eventually brought up by the appellant before the Armed

Forces Tribunal, Chandigarh, in T.A.No.674 of 2010. The

Tribunal has in terms of its order dated 14.12.2010

disposed off the matter holding that while disability

pension could be discontinued on account of the extent of

disability falling below 20%, the service element of the

pension payable to the appellant could not be stopped.

Having said so, the Tribunal has restored the service

element of the pension payable to the appellant but

restricted the payment of arrears to three years only

commencing from 15.07.2006 onwards. The present appeal as

noticed earlier calls in question the said part of the

order passed by the Tribunal.

We have heard learned counsel for the parties at some

length.

It is not in dispute that the appellant was

discharged from service/invalidated out of service on

account of 100% permanent disability suffered by him

during the course of service. It is also not in dispute

that the said disability was held to be attributable to

military service. That the disability was subsequently

reduced to fall below 20% is also common ground. Inasmuch

as the authorities stopped the disability pension, they

committed no wrong. Stoppage of the disability pension

did not however mean that the service element of the

pension could also be stopped. That is evident from the

provisions of Regulation 186 which reads as follows:

“186 (1) An individual who is invalided

out of service with a disability attributable to

or aggravated by service but assessed at below 20

per cent shall be entitled to service element

only.

(2)

An individual who was initially granted

disability pension but whose disability is

re-assessed at below 20% subsequently shall cease

to draw disability element of disability pension

from the date it falls below 20 per cent. He

shall however continue to draw the service

element of disability pension.”

(emphasis supplied)

The Tribunal was therefore justified in restoring the

service element of the pension in favour of the appellant.

The